International Adoption Regulations

 

International Regulations
  • United Nations Convention on the Rights of the Child, November 20, 1989
  • Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993
  • Hague Conference on Private International Law
Regulations at the State and Regional Level

Bilateral International Adoption Agreements

  • Russian Federation. Cooperation agreement in the adoption of children between the Kingdom of Spain and the Russian Federation. Madrid, July 9, 2014 (BOE. No. 74. March 27, 2015) More information

Regional Regulations

In this field, within the scope of their competencies, Autonomous Communities have established their own rules, which are published in their respective official journals and corporate websites.

Adoption Registration 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 system of protection for childhood and adolescence.
  • Resolution-Circular, of July 15, 2006, by the General Directorate of Registers and Notaries, on the recognition and registration in the Spanish Civil Registry of International Adoptions.
  • Instruction of February 28, 2006, by the General Directorate of Registers and Notaries, on the competence of municipal Civil Registries in matters of acquisition of Spanish nationality and international adoptions.
  • Resolution-Circular, of October 31, 2005, by the General Directorate of Registers and Notaries, on international adoptions.
  • Instruction of July 1, 2004, by the General Directorate of Registers and Notaries, modifying the first rule of the Instruction of February 15, 1999, on registry record of adoption. 
Embassies and Consulates

Consular Civil Registry Registration (RCC)

The Consular Civil Registry is competent, based on art. 16.1 of the Civil Registry Act, to register the birth of the minor and the adoption, without prejudice to considering the Municipal Civil Registry of the adoptive parents' residence as preferential to register international adoptions constituted by Spanish domiciliaries in Spain.

If the adoption is to be registered in the Consular Civil Registry (RCC), according to art. 27 of Law 54/2007, of December 28, on International Adoption, the person in charge of the Civil Registry where the adoption constituted abroad is registered for recognition in Spain will intermittently check the validity of said adoption in Spain according to the norms contained in the Hague Convention, of May 29, 1993, on Protection of Children and Co-operation in Respect of Intercountry Adoption, through the presentation of the certification in accordance with what is provided in its article 23, and that there has been no cause for non-recognition as provided for in article 24 of said Convention.

In the case of minors from non-signatory countries, the person in charge of the Civil Registry will carry out this incidental check, verifying whether the adoption meets the recognition conditions provided in articles 5.1.e), 5.1.f), and 26 of the International Adoption Law.

The person in charge of the Consular Civil Registry, prior to registration, will ensure 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 European Union member state, the European Economic Area, or Switzerland, a family member visa of a citizen of the European Union will be processed; in other cases, a family reunification visa under the general regime will be processed. For this, the reuniting person must first request family reunification consent or authorization at the Government Sub-delegation or the Immigration Office corresponding to their province of residence.

The Consul, prior to issuing a visa for the adopted minor in the accreditation country, will verify that the adoption meets the requirements demanded, both by local legislation and Spanish legislation, in the case of Spanish nationals, which, according to article 27 of the International Adoption Law, will enable its subsequent registration in the Civil Registry in Spain. For foreign individuals residing in Spain, the legislation of the nationality country of the reuniting person will be considered.

According to the doctrine of the General Directorate of Registers 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, nº1 of the Convention on the Rights of the Child, done in New York on November 20, 1989. Regarding the second requirement, the General Directorate of Registers and Notaries specifies that the control of state law “aims to ensure the continuity of international adoption between the State of Origin and the receiving State. Thus, an 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 that the Consul or the person in charge of the Consular Section must perform are simpler and, to some extent, automatic, in cases where the adoption country is a party to the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. In these cases, the Central Authority of the country where the adoption is constituted must issue a certification indicating that the adoption has been constituted “in accordance with the Convention,” as stipulated by article 23 of the said Convention. In other cases, and in the absence of a bilateral agreement in this matter, the verification process on submitted adoption files must be more exhaustive and meticulous, especially if it involves a country with high legal uncertainty.

Automatically translated with OpenAI from Spanish