Adoption

Adoption is a legal act that establishes a link between the adopter and the adoptee known as filiation, that is, the kinship relationship between father and son is established.

Adoption causes a person to be considered legally and for all intents and purposes as the child of a non-biological parent. In this way, a legal bond called filiation through adoption is created.

The filiation by adoption will not have any difference in its effects from the filiation by nature.

The adoption is agreed by judicial resolution and establishes the new parental authority. Since, once the adoption occurs, the parental authority of the family of origin is extinguished. That is, there will no longer be inheritance rights or maintenance rights, for example.

Requirements

Not all people can be adopted or adoptive, for this certain requirements are required:

Adopter requirements

According to Spanish legislation:

• The adopter must not be disabled. It must have full capacity to act.
• The adopter must be over 25 years old and if there are two adopters, one of them must be over 25 years old.
• The adopter must be at least 16 years older than the adoptee.
• The adopter cannot be more than 45 years older than the adoptee.

Requirements of the adoptee

According to Spanish legislation:

• The adoptee must be a NOT emancipated minor.
• As an exception, the adopted person may be of legal age when before reaching the age of majority he / she was in foster care by future adopters.
• The adoptee is not required to have full capacity to act.
• The adoptee cannot be a descendant of the adopter.
• The adoptee cannot be a relative in the second degree of the collateral line by consanguinity or affinity. That is, you cannot adopt siblings or brothers-in-law.
• Adoption cannot be made by your ward's guardian.

Adoption procedure

In Spanish legislation, a certain procedure is followed for the adoption to be effective:

1. Prerequisite: A prior proposal from the public entity is required in favor of the adopter declaring the suitability for the exercise of parental authority of the latter.
2. Adoption file: It will include documentation of compliance with the legal requirements of adopter and adopter.
3. Processing of the adoption file: It is a preferential procedure where the public prosecutor intervenes and it is not necessary a lawyer or attorney. Consent must be given by the adoptee (if over 12 years old) and the adopter.
4. Opposition: There may be an opposition and then a hearing will be held through verbal judgment.
5. Resolution: The adoption process will be resolved by the judicial authority.