Procedures and Requirements to adopt in Chile

17 minutos de lectura

As in all countries in the world, many couples have problems conceiving and want to adopt a child. There is also a case in which a couple wants to adopt a minor, either because their parents are not present for various reasons.

Regardless of the reason why some people want to adopt a minor, there are certain steps to be followed and requirements to adopt Chile, As are these steps and requirements have to be fulfilled in this way.

Requirements to adopt in Chile

The requirements to adopt in Chile They are based on how the couple or the person who is going to adopt the minor must be and must at least these requirements

  • The people who are going to adopt the minor must be between 25 and 60 years old. This age may vary depending on what the judge dictates but the extension cannot exceed 5 years
  • The age difference that must exist between the adopter and the adoptee must be at least 20 years apart in any of the adoption cases.
  • If the couple to adopt is married, they must have been married for at least 2 years, this rule does not apply if one or both spouses is infertile.
  • The people who are going to adopt must have a suitable physical, psychological and moral evaluation, by the National Service for Minors or some body accredited before it to develop adoption programs.
  • Adoptive parents of foreign nationality must have permanent residence in the country.

These requirements where the relationship in pairs is not mentioned, are also valid for people who are Divorced, widowed or single who also have a desire to adopt.

The San José foundation for adoption

The San José foundation for adoption has its own requirements to adopt, this foundation only makes adoptions to people who are married. The requirements of this foundation are these:

  • The couple must be civilly married.
  • The age of the spouses must not exceed 48 years, on the date they deliver their records.
  • Applicants must be domiciled in the metropolitan region; V, VI and VII region
  • .
  • In the case of foreign couples, they must have permanent residence in Chile.
  • Have economic income that allows an adequate well-being of the child.
  • Complete secondary education of both spouses.
  • That there are no chronic disabling diseases or those with risks of death.

Application for adoption, only with a single institution.

Only the regions mentioned are considered because the foundation only has Santiago headquarters and with respect to the rest of the regions it would be difficult to accompany the applicant couples. In these cases, the procedures must be carried out directly at the regional offices of SENAME.

  • Requirements that the adoptee must have
  • In order for a child to be listed for adoption, they must also have certain requirements to be adopted and these are the ones that will be mentioned below:
  • The child must be under 18 years of age.
  • The biological parents of the minor must express before a judge that they cannot take charge due to financial problems.
  • That the child has been declared fit to be adopted by a judge due to one of the following causes:
  • That the biological parents of the minor are physically and morally incapacitated to take care of the child.

If the child does not give him or her personal or financial attention for a period of two months. If the child is one year old, he will only be put up for adoption if he has a period of 30 days without any kind of attention from his client.

If the child is abandoned in a public institution, also if the person who left the minor is said institution, it has not been manifested in 2 months with child support. Documents to adopt in Chile Documents for the

  1. adoption in Chile
  2. they are part of the process of giving to a child or adolescent. These are the necessary documents:
  3. Recent photographs of him or the applicants.
  4. Certificates of births of him or the applicants and of marriage when applicable.
  5. Family report, aimed at evaluating the socioeconomic and family conditions of him or the applicants.
  6. Psychological report aimed at evaluating the mental health of applicants and their ability to assume parental functions.
  7. Certificates of physical health and medical history related to your infertility, when applicable.
  8. Background on the economic capacity of him or the applicants.
  9. Certificate of background for special purposes of him or the applicants.
  10. Letters from close relatives and acquaintances, where they give an account of their opinion regarding the future and eventual incorporation of the adoptee or adopted into the family and prove their good repute.

Autobiographies of him or the applicants.

Authorized copy of the judicial resolution that declares that the child can be adopted.

Process to adopt in Chile

Those interested in adopting a minor should approach the National Service for Minors or some of the institutions accredited to this entity of the minor, to be part of the list of people interested in the adoption, which distinguishes between those who reside in the country and those not.

This adoption program must provide the child with a responsible family.

He must provide support and guidance to his family of origin, receive the child and take care of him. It will also do the technical evaluation of the applicants and the preparation of them as an adoptive family.

Prior to the adoption procedure indicated below, the child must have been declared or declared susceptible to being adopted or adopted depending on the case, through a judicial procedure that verifies the situation of the child in relation to their family of origin, and contemplates the possibility that it opposes and enforces their rights. Said procedure may be initiated ex officio by the judge at the request of the National Service for Minors or the accredited body under whose care the child remains, or by the natural or legal persons who are in charge of it. Adoption application The person who wishes to adopt a child or adolescent must enter the page of the Sename National Adoption or

Foreign Adoption

depending on how it is to be adopted

Evaluation and approval stage

For each type of adoption there is a type of evolution and approval so that the person who is going to adopt can receive his or her future son or daughter.

Evolution and approval of national adoption

After registering in the SENAME portal, they must contact the adoption units by phone that are in the region where they live or register for the adoption workshops directly at the adoption unit.

In the adoption unit where the adoption process is going to begin, he or the future parents meet both the legal and technical requirements, an interview is conducted, from which they will be referred to a psychological and social evaluation with professionals outside SENAME, making it known that it is necessary to meet to complete your request.

If the result of the social and psychological evaluation is favorable for those who are interested or those who are interested in adopting a boy or a girl, being declared by the respective Regional Adoption Unit, they will enter the registry of people residing in Chile interested in adopt a boy, girl or adolescent, in accordance with the provisions of Article 5 of Law No. 19620. This moment constitutes the milestone in which for the first time you can be considered as an applicant for adoption, and waiting to finalize your link with a particular child.

If, on the contrary, the interested parties are temporarily contraindicated by the professionals who have evaluated them by the corresponding Adoption Unit, they will be referred to therapy, to be re-evaluated after the therapeutic process has been completed.

If the result is negative, the grounds for the rejection will be made known to the interested parties.

Once the applicant or applicants are already in the registry, they must wait for a child or adolescents to be assigned to them, in a period that can take from 18 to 24 months approximately.

As soon as a child or adolescent has entered the respective Adoption Unit, in a position to be adopted, from the legal point of view, the best family alternative for him or her is located among the applicants.

Next, the selected option must be formally proposed to the corresponding Court, through a shortlist or individually, depending on the procedure established for this purpose by the Court.

If the Court has decided in favor of the family, the child is then proposed to her. If the family accepts said proposal, the meeting with the child is planned, and then they appear before the corresponding Family Court to request their personal care.

If the Court entrusts the delivery of the personal care of the child to the family, subsequently the process to finalize the adoption begins before the Family Court, corresponding to the child’s domicile.

Finally, follow-up activities are carried out on the child and the adoptive family, such as home visits and post-adoptive workshops.

Evolution and approval of international adoption

With the official acceptance, SENAME will begin the process of preparing the child for adoption, an intervention that lasts throughout the family integration stage and will end only when the child travels with their new family to their host country. . At the same time, the legal adoption process will begin, submitting the application to the corresponding Family Court.

The date of arrival of the marriage in Chile will be defined depending on the evolution of the child’s preparation process, and on the date that the Family Court determines to hold the first hearing of the international adoption process.

After the arrival of the marriage to our country, it must attend a first interview with the professionals of the Adoption Department, in order to be informed about the global international adoption procedure, the characteristics of the children assigned and the challenges they usually face. adoptive parents are faced with this type of adoption, especially in the first stage of adoptive family life.

Subsequently, the marriage will be received by the professionals of the Adoption Unit of the child’s Region of origin, at which time they will be given current information about the child, their specific needs, their progress in the preparation process and reactions to it, as well as the stages and times of the family, legal and administrative integration process that will live until the adoption is finalized.

Once the interview is over, the meeting of the boy or girl with the marriage will be held, which must be carried out gradually, in order to especially safeguard the stability of the child. At this stage, if the Family Court has authorized it and the rapprochement process between the two is favorably evaluated, the boy or girl will be able to leave the establishment where they are and start living with their future adoptive parents in Chile.

The judicial procedure to finalize the adoptionIt will have a duration that will depend on each Family Court of the child’s region of origin, however, most Courts request at least two hearings to issue the respective adoption decision.

Finally, to conclude the international adoption process in Chile, the couple must carry out the civil procedure for the new registration of the boy or girl as their son or daughter in the offices of the National Directorate of the Civil Registry and Identification Service, where they will also obtain your Chilean passport.

From the meeting with the child and throughout the time that the family remains in Chile, they are permanently accompanied by the professionals of the regional and national adoption team, as well as by the therapist who worked on the preparation of the child. in the pre-adoptive stage, in order to guide and support them in the process of bonding and integrating their son or daughter.

The average duration of the entire adoption process is two months, which to a certain extent, is achieved thanks to the coordination that SENAME has with the Family Courts, the Civil Registry and Identification Service and the International Police, among others. , reducing the normal processing time that corresponds to the different procedures that are carried out in them.

What is an adoption?

It is a legal process where a child is received as if it were your biological child, offering the infant the benefits of having a family of their own. In addition, the adoptive father has the same benefits as a biological father. It should be said that the process is based above all on the protection of the child who is in a position to be adopted.

Types of adoption

National adoption

The National Service for Minors is the governing body in charge of keeping a registry of national applicants declared fit to adopt, as well as of children declared susceptible to adoption. It is concerned with the accreditation, inspection and supervision of national bodies and adoption programs. It is the main institution in charge of adoption in Chile, responsible for 80% of the links made per year.

International adoption

International adoption in Chile is subsidiary to national adoption and constitutes a real possibility of providing a family to those children of priority attention, declared susceptible to being adopted and for whom it was not possible to find families residing in Chile, willing and prepared to integrate them as their sons or daughters.

Chilean adoption laws

In Chile, adoption is regulated by Law No. 19,620, of August 5, 1999; by its Regulations, contained in Supreme Decree No. 944 of 2000, of the Ministry of Justice and by the Hague Convention on Child Protection and Cooperation in Matters of Intercountry Adoption of 1993, ratified by Chile in 1999. The most important of the latter The regulatory body is that it officially coordinates the relations in adoption matters between the countries that have ratified said agreement, with the purpose of generating safe adoptions between the child’s country of origin and the receiving country, which will constitute their definitive residence.

Additionally, with the spirit of the International Convention on the Rights of the Child, Law N ° 19,620 establishes in its article N ° 1 that “the purpose of the adoption is to safeguard the best interests of the adoptee, and to protect their right to live and develop in the bosom of a family that gives him affection and provides him with care tending to satisfy his spiritual and material needs, when this cannot be provided by his family of origin ”.

The principle of the best interests of the child has been decisive in the new approach that governs the entire adoption process, both the specialists and the agencies that intervene in said procedure, must always protect the well-being of the child over any other particular consideration that could be presented by adults interested in adopting.

Where to go if you want to adopt in Chile?

  • Chilean Adoption Foundation

    Address: Calle Viña del Mar 050 Providencia – Santiago – Chile
    Tel: +56 2 2665 2139

    Phonos attention to women in conflict with their motherhood 2229472/085965279
    Web: www.fadop.cl

    They release children to eligible couples.

  • Mi Casa Foundation

    Address: Tomás Andrews nº 025 Providencia – Santiago – Chile
    Phono applicants: + 56-02-27903800

    Web: www.fundacionmicasa.cl

    Mail: adopcion@fundacionmicasa.cl
    Children are released to eligible married couples and to single individuals.

  • San José Foundation for Adoption
    Address: Antonio de Pastrana – Vitacura – Santiago – Chile
    Tel: (56) 2 3999614 / (056) 2 3999620

    Web: www.fundacionsanjose.cl

    They release children to eligible couples.

SENAME address according to regions of Chile.

  • Metropolitan region
    Orphan 587, Santiago
    +56 2 2398 0515
  • I Region of Tarapacá
    Sotomayor 726, Iquique +56 57 248 1164
  • VI Region of the Liberator Bernarndo O`Higgins
    Bueras 30, Rancagua
    (72) 23 74 26
  • VII Region of Maule
    Plaza Centro Building No. 801, 2nd Floor, Corner 1 Oriente, 1 Norte, Talca
    +56 2 2398 0515
  • VIII Bío Bío Region
    Barros Arana No. 983, Concepción
    +56 41 238 0884
  • IX Region of Araucanía
    Aldunate 555, Temuco
    (45) 21 03 73
  • X Region of Los Lagos
    Serena 115, Puerto Montt
    (65) 34 29 00
  • XI Region of Aysén
    Balmaceda 365, Coyhaique
    +56 67 221 4905
  • XII Region of Magallanes
    Republic Street No. 41, Punta Arenas
    +56 61 223 5246

What body is in charge of adoptions in Chile?

The National Service for Minors (SENAME) is a centralized government body, a collaborator of the judicial system and dependent on the Ministry of Justice. It is responsible for the protection of the rights of children and adolescents, and young people between 14 and 18 years of age before the judicial system. It is also in charge of regulating and controlling adoption in Chile.

It was created by Law Decree No. 2,465 of January 10, 1979, which constitutes its Organic Law published in the Official Gazette on January 16 of the same year. A supreme decree of December 5, 1979 established the plant and SENAME became operational on January 1, 1980.

In order to carry out its work, the Service has direct service centers and a network of accredited collaborators, who apply for public tenders with projects. In the case of direct centers, they spend 37% of the institutional budget, while the private network makes use of 63% of this budget.

Why adopt in Chile?

The reason why adopting in Chile is easy to know because the adoption process takes care of both the child, it has the best parents who are going to adopt it, the parents doing a psychological analysis to know if the parents have the mental capacity to have a child under the responsibility, not to mention that the social and economic evaluation that is also important for the infant who is going to be adopted to know that he will be in good shape to have a happy childhood as every child should have.

Important questions

How do I tell my child that he is adopted?

  • It is advisable to tell the child the truth from a young age, telling him what happened to his biological parents, so that he knows why he is in that new family.
  • The prudent age to tell the child about the truth is six years old, some specialists assure that at six years old a child can understand what adoption means.
  • But you may wonder why at six years of age? The answer is simple, since at that age children begin to compare themselves with their parents and therefore, you may notice that you are different from them.
  • We know that talking about the issue of adoption with the child is very difficult, but at the same time it is very important, because sooner or later this will be known, and if the child discovers it alone, he will feel a certain rejection of the family because he will not understand why they are hiding that he is adopted.
  • The age in which a person will be most affected by this news is in the adolescence stage.

Should the judge hear the child?

In all adoption procedures, both in the previous ones and in the adoption itself, the judge must take into account the opinion of the child, depending on their age and maturity, and if they are over 12 (if they are girl) or 14 (if a boy), your consent will be required.

Can I meet the boy or girl before starting the adoption procedures?

No, it is the judge who decides to hand over the minor to a family that has been proposed by the National Service for Minors or by an accredited body based on the characteristics and needs of the child.

Can I request to adopt a boy or a girl with certain characteristics?

At the time of starting the process, future parents can express their preferences regarding sex, age, health status, belonging or not to a certain ethnic group, origin of conception (rape, incest, parents with psychiatric illness or mental deficiency, drug addicts, etc.), antecedents that will be considered by SENAME or the accredited body that will propose family alternatives for a boy or a girl to the competent court, and will ultimately be resolved by the family judge.

Can the child’s grandparents adopt as a child?

Yes, they must meet the general requirement, which is indicated below, of having been evaluated as suitable and will have preference over other people interested in adopting the child.

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