| SPECIAL
GUARANTEE:
In
order to guarantee the best interest for the minor, all adoptions
will have to be authorized by the Attorney General of the
Republic and the Institute for the Protection of Minors and
must be decreed by the competent Judge.
REQUIREMENTS
FOR THE ADOPTER:
a)
To be legally competent;
b)
Older than twenty-five years of age, except for those couples
who have been married for more than five years;
c)
To possess moral, psychological, social, economic and healthy
family conditions that demonstrate aptitude and disposition
for assuming parental responsibility.
ADDITIONAL
REQUIREMENTS FOR THE FOREIGN ADOPTERS:
For
the non-resident foreigners, in addition to the previous requirements
they must fulfill:
a)
At least five years of marriage;
b)
The personal requirements for adoption demanded by the laws
of their country of residence;
c)
Verification from a public or state institution dedicated
to the protection of children or families at the adopters'
country of residence, that they will protect the interests
of the adopted child.
AGE
DIFFERENCE:
The
adopter must be at least fifteen years older than the adopted
child. In a joint adoption, the younger adopter of the child
will establish this age difference.
CONSENT
AND CONFORMITY:
For
the adoption of a minor, the written consent of the parents
is necessary.
Any
adopted child over twelve years of age will also have to manifest
his conformity with the adoption.
Once
the resolution that decrees the adoption is signed, consent
and conformity are revocable. Before revocation, in order
to reach a resolution, a judge may dictate a retraction under
just cause after consulting the fundamental principals of
the adoption.
The
adoption is constituted from the moment the sentence that
decrees it is signed, making it irrevocable.
CONVENIENCE
FOR ADOPTING A SPECIFIC MINOR
When
the adoption of a minor who has lived with his foster parents
is considered, the child must have lived with the adoptive
parents for a period of at least a year.
TECNICAL
STUDIES
If
the social, psychological and any other studies to which foreign
adoptive parents must submit themselves to take place out
of the country, a specialist of a public or state institution
in the country of its residence must conduct them. This
institution must be dedicated to the protection of children
or families. If not, professionals whose opinions are
endorsed by an organization of such nature must conduct the
studies.
PROCESS:
I)
An administrative proceeding must be performed in order to
obtain the authorization from the Attorney General of the
Republic.
II)
An Administrative proceeding is performed in order to obtain
the authorization from the Institute of Protection to Minors.
III)
A Trial is made in Family Court. This is the judicial part,
which requires:
a)
A Certificate from the previously mentioned institutions who
authorize the adoption;
b)
A Certification of the Act in which the parents grant the
consent of the adoption;
c)
Acceptance of the birth certificates of the adoptive parents
and the adoptee;
d)
Certification of the opinion regarding the suitability of
the adoptive parents;
e)
Recent medical certification regarding the health of the adoptive
parents and the adoptee;
f)
A Certification of the technical studies conducted by the
specialists;
If
the adoptive parents are foreigners residing in another country,
they will have to present the following documents in addition
to the ones before mentioned:
a)
An officially authorized Certification, issued by the public
or state institution for the protection of childhood and family,
which states that the adopters fulfill all the requirements
needed for adoption by the laws of their country of residence. It
must also have their commitment to check up on the minor in
the country of residence of the adoptive parents;
b)
A Certification with the results of the technical studies
conducted by specialists abroad. The General Office of
the Judge Advocate General of the Republic and the Institute
for the Protection of Minors must issue it in joint agreement.
The judicial proceeding must begin within thirty days of obtaining
this document.
c)
The consent of the minor's parents must be ratified in the
hearing before the Judge. At his discretion, the judge
will be able to order scientific tests. If the parents
oppose, biological kinship will be considered nonexistent.
d)
The adoptive parents will have to appear personally before
the Judge. They will also have to appear for interviews with
the specialists assigned to the Court if the Judge considers
it advisable.
e)
On the application of a specific minor, the amount of time
of coexistence with the adoptive parents must be stated. This
will have to be proven in a hearing. In this case the minor
will continue living with the applicants.
f)
The judgment must contain information for registering the
adoption at the Registry of the Familiar Situation
g)
Once the resolution that decrees the adoption has been executed,
the adopter will appear personally at the hearing indicated
by the Judge to bestow the adoptee. At this hearing, the judge
will explain the rights and duties towards the adoptee. If
the adoption is for a couple, one person must be present.
The
judgment is then recorded at the Registry of the Familiar
Situation and the previous birth certificate will be canceled. A
new one will be issued.
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