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For Adoptive Purposes Single Registration Of Seekers - Creation - Full Text Of The Norm

Original Language Title: GUARDA CON FINES ADOPTIVOS REGISTRO UNICO DE ASPIRANTES - CREACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
GUARDA CON FINES ADOPTIVE Ley 25.854 Créase el Registro Unico de Aspirantes a Guarda con fines Adoptivos. Requirements to integrate the payroll. Preferential procedure. General provisions. Sanctioned: December 4 of 2003 promulgated: January 6 of 2004

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

CHAPTER I

UNICO REGISTRATION OF ASPIRANTES TO GUARDA WITH ADOPTIVE FINANCIALS

ARTICLE 1 Please refer to the Unique Registry of Applicants for Safeguard with Adoptive Purposes, with a seat in the Ministry of Justice of the Nation, which will coordinate its activities, for the purpose of the control and processing of the material. ARTICLE 2 This registration will be aimed at formalizing a list of foster care seekers for adoption purposes, which will be called "Aspirant Nomine". ARTICLE 3 The provinces, after signature and agreements with the Ministry of Justice, may have a computer link terminal with the registry, for the purpose of accessing the information contained therein. ARTICLE 4 Access to the information contained in this registry shall be restricted to those who previously justify, in this regard, legitimate interest to the competent authority.

CHAPTER II

OF ASPIRANTES

ARTICLE 5° In order to integrate the payroll, it is essential that the petitioners be domiciled in the Argentine Republic, with effective residence for the previous period of 5 years. In the case of aliens, such a time limit will begin to govern from the establishment granted by the National Directorate of Migration. ARTICLE 6 The candidate's payroll will be integrated with the list of applicants registered in all the provinces that adhere to this registration and in the Autonomous City of Buenos Aires. ARTICLE 7 Any registration shall be made by the petitioners in the "Book of Aspirants" to the appropriate professionals of the body designated by each jurisdiction corresponding to their home, with the opening of the corresponding legajo, where the following data shall be recorded at least:

(a) Number of order, date of registration, surname, name, place and date of birth, sex, marital status and in the case of marriage, profession or trade, in case of impossibility of conceiving, the corresponding medical studies should be displayed, and recidivism certificate.

(b) Complete data of children if any, indicating in each case: surname, names, date of birth, if it is biological or adopted, and if so, if the adoption is simple or full, if it lives or not, if it lives with the aspirant and legal domicile. Number of minors who would be in a position to adopt, ages, if you accept minors with disabilities, if you accept groups of brothers, if you have previously had minors in custody and result of them.

(c) Legal, medical, psychological and socio-environmental assessments of applicants and their immediate family nucleus; indication of accompanying documentation.

(d) From the initiation of the proceedings, the applicants will be provided with a record that will include: number of legajo awarded, date of registration, intervening agency and transcription of Article 14 of this Law.

ARTICLE 8 Upon completion of the evaluations, the implementing body shall be issued by admitting or denying registration. The decision that denies it shall be based on the lack of the requirements prescribed by Law 24.779 or that of the assessments carried out the minimum adoptive aptitude is deemed unaccredited. In the last case, applicants will be instructed on specific therapeutic measures in order to overcome the impediments that hindered their inclusion in the registry, and may set a time limit for their compliance. ARTICLE 9 When the request is rejected, the applicants must be guaranteed reconsideration of the measure by competent superior body of each jurisdiction. ARTICLE 10. It will be the duty of the agencies to communicate within fifteen (15) days the firm resolutions that admit or reject the request for incorporation into the Central Register. ARTICLE 11. The legajo referred to in article 8 shall be a secret, except for the applicants, their lawyers, judicial officials and intervening technical bodies.

CHAPTER III

SPECIAL PROVISIONS

ARTICLE 12. Preferential action will be given to applications for foster care for adoption of persons under the age of four, groups of siblings or minors suffering from disabilities, psychological or physical pathologies.

CHAPTER IV

GENERAL PROVISIONS

ARTICLE 13. The resolution that makes the custody for adoption purposes must be communicated to the Unico Central Registry. It must also communicate any other circumstance that causes the exclusion of applicants from registration. ARTICLE 14. Applicants ' inscriptions will remain valid for the end of a calendar year, after which they must be personally ratified by the parties concerned, if any, the automatic exclusion of the applicants. This requirement should be communicated to the applicants in a fruitful manner in their first presentation. Inscriptions of rejection will expire at two years. ARTICLE 15. Without prejudice to the powers of Judges and Minors ' advisers to request information, the Unique Registry will report on a quarterly basis the relevant payrolls in order to keep them up-to-date with the movements operated therein. ARTICLE 16. It is an essential requirement of the petitioners, to be admitted to the corresponding registry, prior to the granting of the foster care for adoptive purposes. ARTICLE 17. Registration will not be necessary when it comes to integration. ARTICLE 18. Article 2 of Act No. 24.779. Invite the provinces to accede to this law. ARTICLE 19. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE YEAR TWO MIL TRES.

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EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.