Procedure to follow in international adoption

Regarding the procedures for processing international adoption in Spain, it is necessary to distinguish:

 a.     Procedure applying the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, of May 1993

 b.     Procedure with countries that have not ratified the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, of May 1993

The processing of an international adoption begins in Spain with the offer for adoption made by the person(s) interested in adopting a child of foreign origin.

This offer must be submitted to the competent Spanish public administration in matters of adoption in the different Autonomous Communities, thus starting an administrative process in Spain and later in the child's country of origin, which can end with the adoption decision, which is generally judicial in nature, although in some countries it is administrative.

To start the processing of adoption offers with a country, the competent public administrations in Spain check, in the exercise of their responsibility in matters of child protection:

• That the legislation of that country regulates adoption.
• That the country has a competent organization in child protection to which the adoption offer can be directed for processing.
• That there is no serious legal insecurity in the country regarding adoption processing. To this end, information is obtained from official sources and international child protection organizations.

The International Adoption Law establishes that offers for the adoption of nationals of another country or those habitually residing in another state will not be processed in the following circumstances:

• When the country where the child has habitual residence is in armed conflict or involved in a natural disaster.
• If there is no specific authority in the country that controls and guarantees the adoption and sends the proposed allocation to Spanish authorities with information on the child's adoptability and other necessary information established by law.
• When the country does not provide adequate guarantees for adoption or the necessary practices and procedures do not respect the child's best interests or fail to meet international ethical and legal principles.

The State General Administration, in collaboration with Public Entities, will determine at any given time which countries are subject to any of the above circumstances to decide whether to start or suspend adoption processing in those countries.

In international adoptions, two legislations are involved, the Spanish one and that of the country of origin, so the requirements and procedures of both laws must be complied with.

Additionally, in international adoptions, the competent adoption organizations of two countries intervene, that of the applicants and that of the child's origin, with each bearing distinct responsibilities. Among the most notable are:

• In Spain, determining the suitability of the person(s) offering to adopt a child.
• In the country of origin: determining the adoptability of the children and the appropriateness, if applicable, of international adoption as the most suitable resource for each child. Also, assigning the children to the most suitable person(s) offering to adopt.

The presentation of an offer for international adoption is a request made to another country, which does not always end with the constitution of the adoption since it is subject to the criteria and decisions of the competent organizations and the policies of child protection of the child’s country of origin.

PROCEDURE APPLYING THE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION OF MAY 1993

This Convention was ratified by Spain in 1995 and applies to the processing of adoptions with countries that have also ratified it (see the section on Regulations - national scope - for information regarding the Hague Convention, of May 29, 1993, on Protection of Children and Co-operation in Respect of Intercountry Adoption).

This Convention is based on a system of cooperation and sharing of responsibilities throughout the adoption process between Central Authorities, receiving and welcoming adopted children, specifically designated for this Convention in different countries. Its primary purpose is to prevent trafficking, irregularities, and abuses by establishing measures that guarantee international adoptions.

The established procedure involves a high degree of communication and cooperation between the Central Authorities of the two countries involved in the international adoption, with special emphasis on the stages before the constitution of the adoption. This includes determining the adoptability of the children by the countries of origin, assessing the suitability for adoption by the receiving country of the person(s) offering to adopt and the agreement of both authorities in assigning a child to specific applicants.

Ways of processing files

For the processing of adoption files, the person(s) offering for adoption can generally use two ways.

• Through the Central Authorities (communication between the Central Authorities of both countries throughout the procedure). According to the new Spanish legislation, the function of intermediation in international adoption can be carried out by Public Entities directly with the central authorities in the countries of origin of the children who have ratified the Hague Convention, of May 29, 1993, provided that no physical or legal person or organization that has not been duly accredited intervenes in the administrative processing phase in the country of origin.
• Through Accredited Bodies for International Adoption (hereinafter: OAA). These organizations, under the Convention itself:
  • Carry out functions of intermediation in international adoption.
  • Must be accredited in both countries, meeting the requirements of the current Spanish legislation and that of the child's country of origin where they will carry out their activities.
  • Work within the framework set by the accreditation granted by the competent public administration.
  • Perform intermediary functions in Spain and the country of origin through their representatives until the adoption process is completed.
  • Are subject to control and supervision by the administrations that accredited them.
  • Offer help services to the public administrations of both countries, as they serve as a communication exchange link between them, and of course to the person(s) offering for adoption throughout the long process of adoption procedures. (See specific section of OAA).

According to Spanish legislation, the function of intermediation in international adoption can only be carried out by the OAAs. No other person or entity can intervene in intermediary functions for international adoptions.

PROCEDURE WITH COUNTRIES THAT HAVE NOT RATIFIED THE MAY 1993 CONVENTION

In this case, adoption files can only be processed through OAAs, and the procedure is similar to that established for the countries of the Hague Convention of International Adoption.

Processing an international adoption is a process in which various stages can be distinguished, from the presentation of the offer by the person(s) interested in an adoption to the recognition of the adoption in Spain and, where appropriate, the sending of post-adoption follow-up reports to the countries of origin of the adopted children.

Next, we will refer, in general terms, to these stages:

Stage 1.- Information and preparation on international adoption

The person(s) offering for adoption must attend informative and preparation sessions organized by the Public Entity or the OAA as a mandatory precondition to the request for a suitability declaration.

They will also submit their adoption offer so that the file can be opened. To do this, they must fill out an application and provide the required documentation to the regional administration.

Stage 2.- Assessment of the suitability of the person(s) offering for the adoption of a child of foreign origin

The assessment of the suitability of the person(s) offering for adoption is a requirement in Spanish legislation for recognizing the foreign adoption resolution and processing international adoptions.

The suitability must be declared by the Spanish Public Entity prior to the adoption's constitution when the person(s) offering for adoption resides in Spain.

Suitability is defined as the appropriate capacity, aptitude, and motivation to exercise parental responsibility, addressing the needs of the children to be adopted and assuming the peculiarities, consequences, and responsibilities involved in international adoption.

The aim is to ensure that the person(s) offering for adoption can respond to and meet the physical, psychological, and social needs of the children who can be adopted.

It consists of a psychosocial assessment of the person(s) offering for adoption on the personal, family, and social situation of the adopters and their ability to establish stable and secure bonds, their educational skills, and their aptitude to care for a child.

This study will be carried out by psychologists and social workers with experience in child protection, family, and adoption.

This evaluation is carried out by professionals from the regional administration itself and/or private professionals. The latter, through cooperation agreements signed by the administration with professional associations or through interdisciplinary teams authorized to perform assessment functions.

The suitability assessment phase is preceded by a preparation stage for adoption, which aims to bring the reality of international adoption closer to the person(s) offering for adoption, promoting reflection on the needs of adopted children and helping them in their decision-making process. Preparation is carried out through a program that includes group sessions with the person(s) offering for adoption and professionals responsible for its implementation.

Stage 3.- Obtaining the Suitability Certificate

In any case, the Public Entity competent of the Autonomous Community is responsible for issuing the Suitability Certificates for international adoption, and this is not a delegable competence to any other public or private organization.

If the administration's resolution is Non-Suitability for adoption, the person(s) offering for adoption can file the applicable appeals, as indicated in that resolution.

The Suitability Certificates are generally referred to the adoption in a specific country. Likewise, the Psychosocial Reports that served as the basis for issuing the Certificate.

The Certificates and Psychosocial Reports have a validity period of three years from the date of their issuance by the competent body, provided there are no substantial changes in the personal and family situation of the person(s) offering for adoption that led to the suitability declaration. This is subject, however, to the conditions and limitations established in the applicable regional legislation in each case.

Stage 4.- Selection of the processing route for the file

Generally, if the adoption offer is directed to a country where the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is applicable, the processing route for the file must be decided. This is, whether it is processed through the Spanish competent public administrations or through an Accredited Body for Adoption (hereinafter OAA).

To make this decision, the following should be considered:

• If the child’s country of origin has set or not an exclusive route for processing files. For example, some countries have opted for the international adoption process to be carried out exclusively through OAAs.
• If the State General Administration, in collaboration with the Public Entities, has agreed that, concerning a specific state, adoption offers must only be processed through OAAs or authorized by the authorities of both states.

Stage 5.- Preparing the file in Spain

The person(s) offering for adoption will prepare their adoption file with all the documents required by the child’s country of origin.

This information is provided by the Minor Services of the Autonomous Communities, and if processed through an OAA, they will receive help and advice from the OAA professionals.

If processed with a country with an official language other than Spanish, the documents must be translated by a sworn translator. To find a list of sworn translators, please visit the Ministry of Foreign Affairs and Cooperation’s website.

Stage 6.- Legalization and authentication of documents

For the documents issued in Spain that form the file to be effective in a foreign country, it is essential to legalize them, which involves recognizing their legality and the authenticity of the signatures.

Depending on the country to which the application is addressed, the documents must be:

• Apostilled: In the case of countries that have ratified the Hague Convention of October 5, 1961, which exempts documents from legalization. The organizations responsible for the apostille vary depending on the issuing body.
• Legalized and authenticated: When the country of origin has not ratified the aforementioned Convention, the documents must undergo a chain of legalization and signature recognition, with the final stage being the document’s legalization by the Legalization Department of the Ministry of Foreign Affairs and Cooperation in Spain and finally by the corresponding country’s consulate in Spain.

Stage 7.- Sending the file to the country of origin

Sending the file to the competent body of the child’s country of origin can be done, depending on the processing route for the file in each case, in two ways:

1. Through the competent Spanish Central Authorities in international adoption matters (Autonomous Communities and State General Administration, via diplomatic pouch) to the competent body in the child’s country of origin.
2. Through the chosen OAA.

Stage 8.- Reception by the Spanish competent authorities of the allocation proposal issued by the foreign Authority

The Spanish competent Public Entity is responsible for receiving the child allocation from the competent authorities of the country of origin, which contains information about the child's identity, adoptability, social and family environment, medical history, and specific needs; as well as the information regarding the consents from persons, institutions, and authorities required by the country of origin's legislation.

The time between sending the adoption offer file to the country of origin and receiving the child allocation proposal varies considerably. This depends on factors such as the characteristics of the person(s) offering for adoption, the profile of the child for whom they have been deemed suitable, the adoptable children in the country, and many other conditions.

Therefore, the criterion of the date the file arrived in the country is not decisive.

As for the allocations, it should also be noted that circumstances such as the country’s situation, possible legislative changes, child protection policies, and their decisions regarding national and international adoption will determine new child allocation decisions to families. All these factors can delay and sometimes prevent an adoption project from progressing.

When the allocation proposal is received, it must include relevant information about the child (adoptability, social report, psychosocial report, medical history, photograph ...). This will help make the most appropriate decision.

Stage 9.- Autonomous Community approval for the adoption procedure to proceed

Once a child is allocated to a family, and to continue the adoption process, it is not enough for the person(s) offering for adoption to accept; the Spanish Public Entity agreement is required for the process to continue. This means that the competent Authority of the Autonomous Community that declared the suitability must express its consent at this critical stage of the process, where the reality of a specific child comes into play. After evaluating and assessing the received child's information and the information of the person(s) offering for adoption, the agreement or disagreement with the proposal made by the child's country of origin will be issued.

Stage 10.- Acceptance/Rejection of the proposal by the person(s) offering for adoption

The allocation proposal must also be communicated to the person(s) offering for adoption, providing them with the necessary support and advice to make the most appropriate decision. The decision of the person(s) offering for adoption must be made in writing.

The acceptance or rejection documents from the corresponding Spanish Public Entity, as well as from the person(s) offering for adoption, must be sent to the competent Authority of the child's country.

The sending of these documents can be done either through the Spanish Central Authorities themselves or the OAAs, depending on the processing route.

Stage 11.- Travel to the child's country of origin. Constitution of the adoption

The trip to the country takes place once the person(s) offering for adoption confirms their ability to travel for the meeting with the child and the constitution of the adoption before the competent authority.

Stage 12.- Procedures at the Spanish Consulate

Once the adoption is constituted, the adopter(s) must go to the Spanish Consulate abroad and may request:

• The registration of the adoption in the Consular Civil Registry. The Civil Registry Officer must conduct a thorough examination of the file, considering they will be responsible for the registration of the adoption, producing effects in Spain. (For more information, see the "Regulations" section on this website)
• The issuance of family reunification visas as established by the Regulation that develops the Organic Law on Rights and Freedoms of Foreigners in Spain and their Social Integration.

Before issuing a visa for a minor adopted abroad by Spanish nationals residing in Spain, the Consul must verify that the adoption meets the required conditions. (For more information, see the "Regulations" section on this website)

Stage 13.- The child's arrival in Spain

Adopters are advised to notify their arrival in Spain with the adopted child to the Child Protection Service of their Autonomous Community.

Stage 14.- Procedure in Spain. Registration of the adoption

For the full adoption constituted abroad to be recognized in Spain, it is necessary for the adopting person(s), once they are in their place of residence, to submit a request for adoption registration in the Civil Registry of their locality, if it has not already been registered in the corresponding Consular Civil Registry of Spain in the child's country of origin.

If the resolution from the country of origin is not a full adoption but rather a simple adoption or guardianship for the purpose of adoption, they must process the conversion into full adoption in the corresponding Spanish court.

Stage 15.- Follow-up reports on the child's adaptation

The legislation of many countries of origin requires the submission of post-adoption follow-up reports for a very variable period in each country providing information on the child's adaptation to their new family.

For this reason, in the initial phase of processing and before sending the adoption request file to the child's country, the person(s) offering for adoption must agree to this requirement and commit to making follow-ups possible before the competent Services in their residence. Based on this commitment, the competent Spanish administration commits to the other country's authorities to carry them out within the established deadlines.

The adopters must provide the information, documentation, and interviews required by the Public Entity, accredited organization, or authorized entity for the preparation of the post-adoption follow-up reports required by the Public Entity or the competent authority of the child’s country of origin. Non-cooperation by the adopters

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