In this article you will find the Requirements to Adopt in Spain. Adopting a child is a very serious process, therefore the decision to do so is momentous.
It is also essential to know who are the people who can adopt, who can be adopted, the costs that an adoption generates, the possible setbacks that can occur during the process, as well as some tips that can help when to adopt.
What are the Requirements to Adopt in Spain?
As everywhere, in Spain there are also people who have the desire to take in children to give them protection and love. For this it is necessary to take into consideration the Requirements to Adopt, which are mentioned below:
- Be over 25 years old. In the case of being 2 adopters, it is enough that one of them is of the required age. This is stipulated by the Civil Code in its Article 175.
- There must be an age difference between the adoptee and the adopter minimum of 16 years and who is not older than 45 years. If the adopters in question are willing to take in minors with special needs or a group of siblings, the distance between the ages may be greater.
- The adopters must have entered the petition in the Adoption Registry.
- Have the economic and psychological qualities that are required.
- The family environment must have the optimal conditions for assistance of the minor with reference to their mental and physical well-being, evaluating their socio-economic condition, residence situation, availability of time necessary for their education, etc.
- If the adopters are married or a common-law couple, they must have an adequate and healthy relationship, where have lived together for at least 2 years.
- They must have appropriate stimuli and behaviors to be able to adopt.
- The members of the couple must have a shared desire to adopt.
- Have basic ability for the educational affairs of the adoptee.
- Adopters are not allowed express preferences to adopt in terms of physical qualities, socio-family origin or sex of the minors. Likewise, hide or falsify important information for the evaluation regarding the adopters.
- Every Autonomous Community has the power to set its requirements.
Who can adopt?
The people who can adopt are all those who are of legal age and who meet the Requirements to Adopt that were mentioned above. Likewise, couples who are legally married, common-law couples, and also homosexual couples.
It is very important to know that, can be adopted if you do not have a partner, because the well-known single-parent adoption is allowed. However, the people who do not have the possibility to adopt are those who are unable to exercise parental authority or to be appointed as legal guardians.
For more information about it you can enter this Web page, where you will have the opportunity to investigate further.
Who can be adopted?
This is also part of the Requirements to Adopt. Among the minors that can be adopted are the following:
- Those minors who are not independent, and specifically to independent adults and minors. The latter refers to the case that there is a permanent reception with the applicants, during a year prior to being of legal age or be emancipated.
- It is not allowed to adopt a descendant, or relative in the second degree of consanguinity or affinity. Nor to an orphan on the part of the guardian, as long as the personal and patrimonial guardianship procedure has not been definitively approved.
- No minor can be adopted for more than one personexcept unless the adoption is made by a couple.
- If the adopter dies, or is excluded from his duties as guardian, as established in the Article 179 of the Civil Code, which makes it possible for the adoptee to be adopted again.
- When the adoptee is in stable foster care in order to be adopted by a couple and the couple is going to divorce, the whole process will continue on the part of a single member of the couple. This as long as the applicant certifies that there has been coexistence with the adoptee for at least 2 years prior to the adoption process.
Possible Problems in the Procedure
In the adoption processes there is the possibility of some inconveniences, therefore some important points are mentioned below:
It was recently reported that the 2% of adoptions in the country fail due to difficulties in adapting those adopted to new conditions. This is due to the conflicts produced in many cases by the bad experiences that these children have prior to adoption (abuse, neglect, etc.).
It has been known of situations where minors reject their new family, where they have committed suicide, have handed over minors on behalf of the adopters to the State. They have even sent minors to boarding schools to prevent an unbearable coexistence.
At this time, the administrative rules to adopt, and oversight over procedures has increased. Since cases have been found where, there has been concealment of information about the conditions of minors such as (serious, mental or physical pathologies).
Sometimes due to the lack of control and permissiveness of the Spanish administration, cases have been achieved where the ages of both the adopters and those adopted have not been taken into account. What has caused the granting the adoptee to the State for situations of violence.
The costs in the adoption processes will depend on whether it is national or international. If the minor is adopted in Spain, one point in favor is that the process is free. But in the case of adoption abroad, the costs are between € 6,000 and € 30,000 euros.
Knowing these conditions, there may be a question which points to Why do many people go through the international adoption process? There are 2 reasons that justify this:
- The Waiting Period: In Spain it is much longer in relation to what is expected in international adoption. On average, people who want to adopt a minor in Spain you must wait at least nine years.
- Minimum Age of the Minor: Adoptions in the country are methodical processes that involve bureaucracy. Therefore, the interested parties prefer to discard it, since it is not allowed adopt children under 8 years of age. In addition to this, they are regularly minors with a disability.
Tips: Requirements to Adopt
In this part some recommendations or suggestions are shared to take into account, when deciding to start an adoption process:
- Adoptions generate expenses, but they must also be patient when it comes to waiting and handle the bureaucracy. Despite this, everything is worth it, because the moment you hold that child in your arms, and look back, that is how you will feel (that it is worth it).
- In the Spanish territory, adoption is considered as the formation of a new identity. In the event that the minor is taken in by guardianship, it discards any relationship with their relatives. Therefore, it focuses on a new family relationship, equal to the biological one and of stable condition: the minor legally becomes the adopter’s child.
- The least that should matter is where the new family member comes from.
- It should be borne in mind that if you are decided to adopt in Spain, the most frequent thing is that you talk about children with age between 8 and 10 years. It is very strange to see babies being adopted, which is supposed to be easier in international adoptions, but it is not so safe either.
- An adoption process can begin when the parents of the child have been deprived of parental authority by orders of a judge, and they have given their authorization (a minimum of 30 days after the birth of the child minor), and in the event that the child has been abandoned.
Other Elements to Consider on the Requirements to Adopt
- In adoptions a grandparent is not allowed to adopt a grandchildNor can a brother-in-law or a brother be adopted, however, a nephew can. The descendant of another marriage of the couple that is had at the time, also a minor who is being protected for at least one year.
- When you have the guardianship of a minor, it is advisable not to interrupt permanently the relationship with your biological family. Taking into account the welfare of the minor above all else, since the separation of the child from his mother is very difficult and painful for him.
- The birth certificate, the criminal record certificate, as well as the wealth and income statement should be on hand. Then the relevant body will inform about those necessary documents that must be collected.
- The adoption is irrevocable, but there is the extinction of the same, where the judge can agree the extinction of the adoption at the request of one of the biological parents, who without having responsibility, would not have participated in the file.
- In the event that the adoption management process is in progress, the wife remains pregnant, the request is paralyzed, until the mother has given birth and the child is at least between nine and twelve months old.
- If you decide to make an international adoption, you can ask for advice from the International Adoption Collaborating Entities (ECAI), which are private and legal in nature. They help with management in this case.
Have you already made the decision to adopt a child? Then you just have to gather the Requirements to Adopt in Spain, which are essential to begin the adoption process.
It should be noted that Requirements to Adopt to be consigned must be reliable. By performing this act of love, you are helping a child abandoned by his biological parents to have a different life, where he is provided with everything he needs on an emotional, psychological, physical and economic level.
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