Regarding the processing procedures for international adoption in Spain, it is necessary to distinguish:
a. Procedure applying the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, May 1993
b. Procedure with countries that have not ratified the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, May 1993
- The processing of an international adoption
The processing of an international adoption begins in Spain with the offer for adoption made by the interested person/s for the adoption of a foreign minor.
This offer must be submitted to the competent Spanish public administration in adoption matters in the different autonomous communities, thereby initiating an administrative process in Spain and later in the child’s country of origin, which may conclude with the adoption resolution, generally judicial in nature, although in some countries it may have an administrative nature.
To start the processing of adoption offers with a country, the competent public administrations in Spain verify, exercising their responsibility in child protection:
- That the legislation of that country regulates adoption.
- That the country has a competent institution in child protection to which the adoption offer can be directed so that its processing can proceed.
- That there is no serious legal uncertainty in the adoption processing. To this end, information from official sources and international child protection organizations is collected.
The International Adoption Law establishes, in this regard, that offers for the adoption of children from another country or with habitual residence in another State shall not be processed in the following circumstances:
- When the country where the minor has habitual residence is in armed conflict or involved in a natural disaster.
- If there is no specific authority in the country controlling and guaranteeing the adoption and providing the Spanish authorities with the allocation proposal with information about the adoptability of the minor and other necessary information established by law.
- When the country does not provide adequate guarantees for adoption, or the necessary practices and procedures for it do not respect the minor’s best interests or meet international ethical and legal principles.
The General State Administration, in collaboration with public entities, will determine at any time which countries are in any of the above circumstances for the purpose of deciding to initiate or suspend the processing of adoptions in them.
In international adoptions, two legislations come into play, the Spanish and the country of origin’s, so the requirements and procedures of both must be met.
Furthermore, in international adoptions, the competent authorities in adoption from two countries, that of the applicants and that of origin of the child, are involved, each with differentiated responsibilities. Among the most notable responsibilities are:
- In Spain, determining the suitability of people who offer to adopt a child.
- In the country of origin: determining the adoptability of minors and considering, if applicable, international adoption as the most suitable resource for each child. Also, the allocation of minors to the most suitable families offering to adopt.
The presentation of an offer for international adoption is a request made to another country that does not always end with the constitution of the adoption, as it is subject to the criteria and decisions of the competent institutions and persons responsible for the child protection policies of the countries of origin.
- Procedure applying the convention on protection of children and cooperation in respect of intercountry adoption, May 1993
This convention was ratified by Spain in 1995 and is applied in processing adoptions with countries that have also ratified it (see in the Legislation section -state level- information regarding the Hague Convention, May 29, 1993, on the Protection of Children and Cooperation in Respect of Intercountry Adoption).
This convention is based on a system of cooperation and sharing responsibilities throughout the adoption process among Central Authorities, reception, and hosting of adopted minors, specifically designated for this convention in different countries. Its basic aim 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 a special emphasis on the stages prior to the constitution of the adoption. This includes determining the adoptability of children by the countries of origin, the assessment by the receiving country of the suitability of families offering to adopt, and the agreement of both authorities in allocating children to specific adoptive families.
- Ways of processing files
For the processing of adoption files, families offering adoption can generally use two paths:
- The Central Authorities path (communication between the Central Authorities of both countries throughout the procedure). According to Spanish legislation, the function of intermediation in international adoption can be carried out through the collaboration of the competent Spanish public entity with the central authority of the country of origin of the minors.
- The Accredited Bodies for International Adoption (hereinafter, OAA). These bodies, according to the Convention itself:
- Develop intermediation functions in international adoption.
- Must be accredited in both countries, complying with the requirements set out in current Spanish legislation and that of the country of origin of the minor where they will operate.
- Act within the framework established in the accreditation granted by the competent public administration.
- Perform intermediation functions, in Spain and in the country of origin, through their representatives, until the completion of the adoption process.
- Are subject to the control and supervision of the administrations that accredited them.
- Offer assistance services to the public administrations of both countries, as they serve as a communication exchange link between them, and to the families offering to adopt throughout that process.
According to Spanish legislation, the intermediation function in international adoption can only be performed through the described procedures. No other person or entity other than those cited can intervene in intermediation functions for international adoptions.
- Procedure with countries that have not ratified the convention of May 1993
In this case, adoption files can only be processed through OAA, and the procedure is similar to that established for the countries of the Hague Convention on international adoption.
- Stages in processing
The processing of an international adoption is a process in which various stages can be differentiated, ranging from the presentation of the offer by families interested in international adoption to the recognition of the adoption in Spain and, if applicable, the sending to the countries of origin of follow-up reports on the adopted minors.
The following stages are described below in general terms:
Stage 1.- Information and preparation on international adoption
The family offering adoption must attend informative and preparatory sessions organized by the public entity or the OAA prior to and mandatory before applying for the declaration of suitability.
They must also submit their adoption offer so that the file can be opened. For this, they must fill out an application and submit the necessary documentation required by the regional administration.
Stage 2.- Assessment of the suitability of the person or persons offering to adopt a foreign minor
The assessment of the suitability of the person or persons offering adoption is a requirement provided for in Spanish legislation for processing international adoptions by residents in Spain. Suitability must be declared by the Spanish public entity prior to the constitution of the adoption.
Suitability is defined as the appropriate capacity, aptitude, and motivation for exercising parental responsibility, considering the needs of adoptable minors, as well as for assuming the peculiarities, consequences, and responsibilities that international adoption entails.
It consists of a psychosocial evaluation of the persons offering adoption regarding their personal, family, and social situation, their ability to establish stable and secure bonds, their educational skills, and their aptitude for caring for a child.
This study will be carried out by specialized personnel in psychology and social work with experience in child protection and adoption.
This evaluation is carried out by professionals from the regional administration and/or by private sector professionals. The latter, through collaboration agreements signed by the administration with professional colleges, or through interdisciplinary teams authorized to perform the evaluation functions.
The suitability assessment phase is preceded by a preparation stage for adoption, aiming to bring the reality of international adoption closer to the persons offering adoption, encourage reflection on the needs of children susceptible to adoption and assist them in the decision-making process. The preparation is carried out through a program that includes group sessions with the persons offering adoption and professionals responsible for its execution.
Stage 3.- Obtaining the Certificate of Suitability
The competent public entity is responsible for issuing certificates of suitability for international adoption, which is not a delegable competence to any other public or private body.
If the administration’s resolution is unsuitable for the applicants offering adoption, they may submit the necessary appeals, as stated in the resolution.
Certificates of suitability are specific to adoption in a particular country.
The certificates and psychosocial reports leading to the declaration of suitability are valid for three years from the date of issue by the competent body, provided there have been no substantial changes in the personal and family situation of the persons offering adoption. However, this is subject to the conditions and limitations established, where applicable, in the applicable regional legislation in each case, as well as the legislation of the country of origin of the minor.
Stage 4.- Choice of the file processing path
Generally, if the adoption offer is directed to a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption applies, a decision must be made on the file processing path. That is, whether it is processed through the competent Spanish public administrations or an accredited organization for adoption (hereinafter, OAA).
To make this decision, the following should be considered:
- If the minor’s country of origin has set an exclusive path for file processing. For example, some countries have opted for international adoptions to be processed exclusively through OAA.
- If the General State Administration, in collaboration with public entities, has decided that for a particular State, international adoption offers should only be processed through OAA authorized by the authorities of both States.
Stage 5.- Preparation of the file in Spain
The persons offering adoption will prepare their file with all the documents required by the minor’s country of origin.
The information for this is provided by the child protection services of the autonomous communities, and if they process through an OAA, they will have the help and advice of OAA professionals.
If processed with a country with an official language other than Spanish, the documents must be translated through a sworn translation. To know the list of professionals specialized in sworn translation, they can consult the Ministry of Foreign Affairs, European Union and Cooperation website.
Stage 6.- Legalization and authentication of documents
To ensure the effectiveness in a foreign country of the documents issued in Spain, forming the file, they must be legalized.
Depending on the country to which the application is directed, the documents should be:
- Apostilled: The institutions responsible for the apostille vary based on the document-issuing body. In countries that have ratified the Hague Convention of October 5, 1961, this procedure is exempt.
- Legalized and authenticated: When the country of origin has not ratified the mentioned Convention, documents must go through a chain of legalization and signature recognition, with the final stage being document legalization by the Line 126, Office of Legalization of the Ministry of Foreign Affairs, European Union, and Cooperation in Spain and finally by the corresponding country’s Consulate in Spain.
Stage 7.- Sending the file to the country of origin
The file’s sending to the competent authority of the country of origin of the minor can be done, depending on the file processing mode in each case, in two ways:
- Through the competent Spanish central authority in international adoption (autonomous community of residence of the persons offering adoption).
- Through the chosen OAA.
Stage 8.- Reception by the competent Spanish authorities of the allocation proposal issued by foreign authority
The competent authorities of the country of origin will send the child’s allocation to the competent Spanish public entity. This includes information on their identity, adoptability, social and family background, medical history, and particular needs; as well as information on consent granting by persons, institutions, and authorities required by the country of origin’s legislation.
The time that elapses from the submission of the adoption offer file to the country of origin until the child allocation proposal is received varies considerably. This will depend on factors such as: the characteristics of persons offering adoption or the profile of the child for whom the suitability certificate was issued, as well as the country of origin’s situation, possible legislative changes, child protection policy, and decisions on national and international adoption.
All these factors can delay and sometimes hinder an adoption project’s success.
Moreover, the criterion of submission date for a file to the country is not decisive.
Stage 9.- Autonomous community’s agreement for the adoption procedure to continue
Once the child allocation proposal is received, the Spanish public entity’s agreement is necessary for the procedure to continue, along with acceptance by the persons offering adoption; that is, the competent authority of the autonomous community that declared the suitability must state its agreement in this very important phase of the process, where the reality of a specific child is at play. To do so, after evaluating and assessing the child’s information and the persons offering adoption, it will issue its criterion, expressing its agreement or disagreement regarding the proposal made by the child’s country of origin.
Stage 10.- Acceptance/Rejection of the proposal by the person or persons offering adoption
The allocation proposal must be communicated to the person or persons offering adoption, providing them with the necessary support and advice to make the most appropriate decision, which must be expressed in writing.
The acceptance or rejection document issued by the corresponding Spanish public entity, as well as that of the person or persons offering adoption, must be sent to the competent authority of the country of origin of the minor.
The sending of these documents can be done either through the Spanish central authorities or the OAA, depending on the processing mode.
Stage 11.- Travel to the child’s country of origin. Constitution of adoption
The adoptive family will travel to the child’s country of origin once confirmed by the competent authority, for the meeting with the assigned child and the subsequent constitution of the adoption.
Stage 12.- Procedures before the Spanish Consulate
Once the adoption is constituted, the adoptive family must go to the Spanish Consulate abroad and may apply for:
- Registration of the adoption at the Consular Civil Registry. The person in charge of the registry must conduct a thorough examination of the file, also considering they will be responsible for registering the adoption, making it effective in Spain.
- The issuance of family reunification visas as established by the Regulations implementing the Organic Law on Rights and Freedoms of Foreigners in Spain and their Social Integration, if applicable.
The Consul, prior to issuing a visa for an adopted minor in the accreditation country by Spanish nationals residing in Spain, must verify that the adoption meets the required conditions.
Stage 13.- Arrival of the child in Spain
The arrival of the family with the adopted child must be communicated to the child protection service of their autonomous community of residence.
Stage 14.- Procedure in Spain. Registration of the adoption
For full adoption constituted abroad to be recognized in Spain, the adopting person or persons must, once in their place of residence, submit an application for registration of the adoption at the Civil Registry of their locality if it has not been registered in the corresponding Consular Civil Registry in the country of origin of the minor.
If the resolution of the country of origin is not a full adoption but a pre-adoptive custody, the final constitution of full adoption must be processed as provided by the child’s country of origin.
Stage 15.- Follow-up reports on the child’s adaptation
The legislation of most countries of origin of minors requires the submission of post-adoption follow-up reports providing information on the child’s adaptation to their new family for a very variable period in each country.
Hence, in the initial stage of processing and before sending the adoption application file to the child’s country, the persons offering adoption must accept this requirement with the competent services of their residence community and commit to carrying out the follow-ups. The competent Spanish administration commits to the authorities of the other country to perform them within set deadlines.
The adoptive family must provide the information, documentation, and interviews required by the public entity, accredited body, or authorized entity for the preparation of the post-adoption follow-up reports demanded by the competent authority of the country of origin in the prescribed time. Non-cooperation by the adoptive family in this phase can lead to administrative sanctions provided for in regional legislation and be considered a cause of non-suitability in a subsequent adoption process.
Stage 16.- Post-adoption support and mediation for origin search
To facilitate the proper integration of adopters and adoptees, the competent public entities in adoption matters of the autonomous communities must establish resources for post-adoption support and mediation for origin search.
Automatically translated with OpenAI from Spanish