- Regulations at the state and regional level
- Royal Decree 573/2023, of July 4, approving the Regulation on International Adoption English Version
- Law 54/2007, of December 28, on International Adoption, as amended by Law 26/2015, of July 29, on the modification of the child and adolescent protection system English Version
- Civil Code, as amended by the aforementioned law. Article. 9 points 4 and 5. Articles 175 to 180
- Law on Civil Procedure (R.D. February 3, 1881, articles in force in accordance with the provisions of the sole 1.1st and 2nd repealing provision of Law 1/2000. Articles 1,829 to 1,832
- Hague Convention, May 29, 1993, on the Protection of Children and Cooperation in Respect of Intercountry Adoption
- Instrument of ratification of the Convention by Spain. BOE. number 182. Tuesday, August 1, 1995
- For more information on the Convention, you can visit the Hague Conference on Private International Law website
Bilateral agreements on intercountry adoption.
- Bolivia. Bilateral agreement between the Kingdom of Spain and the Republic of Bolivia on adoptions. Madrid, October 29, 2001 (BOE. no.304, December 20, 2001 and BOE no.177, July 25, 2002). More information
- Philippines. Protocol on intercountry adoption between the Kingdom of Spain and the Republic of the Philippines. Manila, November 12, 2002. (BOE. no.21. January 24, 2003 and BOE no.265. November 5, 2003). More information
- Russia. Russian Federation. Collaboration agreement on child adoption between the Kingdom of Spain and the Russian Federation. Madrid, July 9, 2014 (BOE. No. 74. March 27, 2015). More information
- Vietnam. Cooperation agreement on adoption between the Kingdom of Spain and the Socialist Republic of Vietnam. (BOE. No. 16. January 18, 2008). More information
Regional regulations
In this area, within the scope of their competencies, the Autonomous Communities have issued their own regulations, which are published in their respective official gazettes and corporate websites.
Documents of Interest
Hague Convention, May 29, 1993
On the Protection of Children and Cooperation in Respect of Intercountry Adoption
Links of Interest
Hague Conference on Private International Law
- Registration of adoption in the Civil Registry
- Law 54/2007, of December 28, on International Adoption. as amended by Law 26/2015, of July 29, on the modification of the child and adolescent protection system.
- Resolution-Circular, of July 15, 2006, of the General Directorate of Registries and Notaries, on recognition and registration in the Spanish Civil Registry of International Adoptions.
- Instruction of February 28, 2006, of the General Directorate of Registries and Notaries, on the jurisdiction of municipal Civil Registries in matters of acquisition of Spanish nationality and international adoptions.
- Resolution-Circular, of October 31, 2005, of the General Directorate of Registries and Notaries, in matters of international adoptions.
- Instruction of July 1, 2004, of the General Directorate of Registries and Notaries, amending the first rule of the Instruction of February 15, 1999 on the registration of adoption.
Documents of Interest
- Embassies and consulates
Consular Civil Registry Registration (CCR)
The Consular Civil Registry is competent, based on art. 16.1 of the Civil Registry Law, to register the birth of the minor and the adoption, without prejudice to the preference given to the Municipal Civil Registry of the domicile of the adoptive parents to register international adoptions constituted by Spanish adoptive parents domiciled in Spain.
If the adoption is requested to be registered in the Consular Civil Registry (CCR), in accordance with the provisions of art. 27 of Law 54/2007, of December 28, on international adoption, the Officer of the Civil Registry where the adoption constituted abroad is requested to be registered to be recognized in Spain will incidentally control the validity of that adoption in Spain in accordance with the provisions of the Hague Convention, May 29, 1993, on the protection of children and cooperation in respect of intercountry adoption through the presentation of the certificate of conformity as provided in article 23, and that there has not been incurred the cause of non-recognition provided in article 24 of that Convention.
In the cases of minors coming from non-signatory countries, the Civil Registry Officer will carry out said incidental control by verifying if the adoption meets the recognition conditions provided in articles 5.1.e), 5.1.f) and 26 of the International Adoption Law.
The CCR Officer, prior to the registration, must verify that the requirements established in art. 26 of the aforementioned international adoption law are met.
Visa issuance
Regarding visa issuance, when the adoption is full and one of the adoptive parents is Spanish or a national of a member state of the European Union, the European Economic Area, or Switzerland, a visa for a family member of a Union citizen will be processed; in all other cases, a visa for family reunification under the general regime will be processed. For this, the sponsor must previously request the conformity or authorization for family reunification, as the case may be, from the Government Sub-delegation or the Foreigners Office corresponding to their province of residence.
Prior to issuing a visa to a minor adopted in the country of accreditation, the Consul must verify that the adoption meets the requirements established both by local legislation and by Spanish legislation, in the case of Spanish nationals, which, according to article 27 of the International Adoption Law, will allow for its subsequent registration in the Civil Registry in Spain; and by the legislation of the country of nationality of the sponsor, in the case of foreign nationals residing in Spain.
According to the doctrine of the General Directorate of Registries and Notaries, all these requirements must be applied, and interpreted in any case, always in accordance with the principle of the “best interests of the child,” as prescribed by article 3, No. 1 of the Convention on the Rights of the Child made in New York on November 20, 1989. Concerning the second requirement, the General Directorate of Registries and Notaries specifies that the state law control “seeks to ensure the continuity of international adoption between the State of Origin and the receiving State. Thus, the adoption validly constituted in a foreign State (State of origin), will also be considered valid and effective in Spain (receiving State).”
It is noted that the checks to be performed by the Consul or Officer of the Consular Section are simpler and, to some extent, automatic, in the case that the country where the adoption is carried out is a party to the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. In these cases, the Central Authority of the country constituting the adoption must issue a certificate stating that the adoption has been constituted “in accordance with the Convention,” as provided in article 23 of the Convention. In other cases and in the absence of a bilateral agreement in this matter, the verification process for the adoption files presented must be more exhaustive and meticulous, especially if it is a country with high legal uncertainty.
Documents of Interest
- Adoptive paternity and maternity leave
Adoption and fostering are protected situations, in accordance with the provisions of the following articles:
- Workers' Statute, consolidated text, R.D.LG. 1/1995, of March 24, arts. 48.4 and 48 bis., as amended by Law 26/2015, of July 29, on the modification of the child and adolescent protection system.
- Basic Statute of Public Employees, Law 7/2007 of April 12, artº 48.
- Consolidated text of the General Social Security Law, R.D.LG. 1/1994, of June 20, arts. 133 bis, 133 ter, 133 octies.
- Law 42/1994, of December 30, on fiscal, administrative, and social order measures. Article 133 introduces a new chapter IV bis in the L.G.S.S, articles 133 bis, ter, quater, quinquies.
- R.D.L. 11/1998, of September 4, regulating Social Security contributions bonuses for interim contracts, celebrated with unemployed persons to replace workers during maternity, adoption, or fostering leave.
- Law 39/1999, of November 5, to promote the reconciliation of work and family life of working people.
- R.D. 1335/2005, of November 11, regulating Social Security family benefits.
- R.D. 295/2009, of March 6, regulating the economic benefits of the Social Security System for maternity, paternity, risk during pregnancy, and risk during natural lactation.
Source of information: Ministry of Employment and Social Security. General Sub-Directorate of Administrative Information and Publications.
Documents of Interest
Consolidated text, R.D.LG. 1/1995, of March 24, arts. 48.4 and 48 bis., as amended by Law 26/2015, of July 29, on the modification of the child and adolescent protection system
Law 42/1994, of December 30 on fiscal, administrative, and social order measures
Of fiscal, administrative, and social order measures
Regulating Social Security contributions bonuses for interim contracts, celebrated with unemployed persons to replace workers during maternity, adoption, or fostering leave
Automatically translated with OpenAI from Spanish