How does the adoption process work in España?

    There are currently 36,5 children in foster care in Spain, of which only 6.567 are able to find a family. On the other hand, the number of families looking for an adopted child is 35.571, which represents six adopters for each one. But if that's the case, why are there so many children in the queue?

    How does the adoption process work in España?

    Unfortunately, many families still have certain requirements with the child's profile and characteristics and the more limitations, the longer these parents wait in line. The most sought after profile is among children up to five years old. A positive point is that in the last two years, the number of people seeking adoption without specifying their race has increased by about 37%. Another issue that also delays the process is the lack of structure of the public power, it is common not to have enough judges, psychologists and assistants in the childhood courts.



    Children who are not suitable for adoption still maintain some bond with their biological family or the process of destitution of family power, necessary to formalize the adoption process, is still running in court. This procedure, by law, should last a maximum of 120 days, but generally takes up to five years to complete.

    How does the adoption process work in España?

    If you would also like to adopt a child but don't know where to start, here are some tips:

    You must be 18 years of age or older to adopt. What needs to be considered is the minimum age of 16 years between those who want to adopt and the chosen child. Marital status is indifferent. Taking these points into account, have the following documents at hand: RG, CPF, marriage or birth certificate, proof of residence, proof of income, medical declaration of sanity and mental health, civil and criminal certificate and look for the Court of Childhood and Youth in your region.



    1) A public defender or a private lawyer will have to provide a petition to start the process, only after being approved will your name be eligible for adoption.

    2) The candidate for adoption must participate in a psychosocial and legal preparation course, after which he will undergo an assessment consisting of interviews and visits carried out by a specialized team. Finally, the result of the evaluation is sent to the Public Ministry and to the judge of the Childhood Court.

    3) During the interviews, the candidate must describe the profile of the child he wants to adopt, it is possible to choose age, sex, health status, etc. It is worth mentioning that the less restriction, the faster the adoption will happen. The law provides that siblings are not separated, in which case the family would adopt two or more children.

    4) As soon as the Court's report and the Public Ministry's opinion come out, the judge will give the sentence. If the answer is positive, the candidate will enter the queue of valid registrations in the national territory.

    5) The candidate will wait in line until the child's profile matches the one required by him. As soon as this happens, the Children's Court will contact you to let you know. Once this is done, the candidate and the child are introduced and from there visits and outings monitored by the justice and technical team can happen frequently. The child is also interviewed after those found so that they can decide whether or not they want to take the process forward.

    6) If everything goes well in the relationship between the child and the candidate, the applicant will receive provisional custody, which is valid until the end of the process. During this adaptation period, the technical team makes periodic visits to monitor the family's quality of life.



    7) Finally, the judge pronounces the adoption sentence. After that, the family has all rights over the child, it is possible to issue a new birth record with the updated surname and the name can also be changed.

    Text written by Natália Nocelli from the Eu Sem Fronteiras Team

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