It Amends Act No. 19.620 On Adoption Of Children, Competition Of Children's Courts

Original Language Title: MODIFICA LA LEY Nº 19.620 SOBRE ADOPCION DE MENORES, EN MATERIA DE COMPETENCIA DE LOS JUZGADOS DE MENORES

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley Nº 19.620, sobre adopción de menores: 1.-Modifíca_se el artículo 9º, en el siguiente sentido: a) replace your heading with the following:"(Artículo 9º.-Tratándo_se de alguno de los menores a que se refiere la letra a) of the previous article, the father or mother who has expressed willingness to give it up for adoption "" , or both if it be the case, will have a period of sixty days to retract, from the date they have declared that will before the Court. Expiry of this period, they may not exercise such right. Upon receipt of the aforementioned Declaration of will, the judge inform personally about the existence of the term available to retract, and date that will cause expiry, and recorded it in the notification by registered letter own appearing that it will order send you immediately. Without limiting the foregoing, at the latest within the three days following the Declaration of will of parents or the father or mother appearing, the judge will Decree the following measures, as appropriate: "."

(b) replacing the numeral 1. by the following: "1. If it has only appeared on one of the parents, shall order that he is quoted to the other parent, which has recognized the minor to an audience that will take place within eighth day, under warning that their absence will make show off their willingness to give the child up for adoption."
The citation shall be notified personally, if the father or mother has known address. For this purpose, if home, to not emerge to provide the request, the Court required the Electoral service and the Civil Registry and identification service that inform, within the fifth day, the last address of that person in their records. Not establish domicile, the notification shall be effected by means of notice to be published in the official journal in accordance with paragraphs third and fourth of article 14.
If the father or mother not appearing has died or is unable to express his will, just the single declaration of the appearing party. "."

(c) replace the numeral 2. by the following: "2. Verify that the parents of the minor are not trained or able to responsibly take charge of it."
These circumstances with the report that, in this sense, has issued one of the bodies referred to in article 6 which sponsor the appearing parent means proven, or, without such sponsorship, with which are ordered by the Court to issue any of those bodies, within a maximum period of thirty days. "."

(d) replace the first subparagraph of paragraph 3. by the following: "3. the father or mother appearing only may not object to the procedure at the hearing referred to in the previous number 1, case in which the Court will open a probationary term, in the manner and for the period provided for incidents.".

(e) in the second subparagraph of paragraph 3., replace the word "thirty" by "ten".

(f) replacements third and fourth subparagraphs of paragraph 3. by the following: "the sentence stating that the child can be adopted will be notified by ID to the father or mother who has appeared in the process, in the home that were on the record.
Enforceable once, will be brought to the knowledge of the national service for minors, for the purposes specified in article 5. "."

2.-changed first subparagraph of article 10 in the following sense: to) replacements expressions "provided that" by "only when".

(b) add, then point apart, which happens to be followed, the following sentence: "In case there is no sponsorship, the Court sent background to the national service for minors, by suspending the processing of the application.".

3. in article 11, replace your final paragraph by the following: "where one of the applicants who want to adopt is another blood descent from the father or mother of the child, shall apply the procedure laid down in articles 9 or 13, as appropriate.".

(4 amended article 12 in the following sense: a) replace the first paragraph of number 2. by the following: "2. do not provide you personal or economic attention during the term of four months." If the child had less than a year old, this period shall be thirty days. "."

(b) added to the number 3. the following final paragraph: "cases of abandonment of a child in the public highway, lonely place or in a hospital room, shall be included within the grounds of this number. In such cases the aim to give the child up for adoption for the single reason of abandonment shall be presumed. "."

5. in article 13, added as paragraph third, again, passing the current paragraph third to fourth paragraph, the following: "When the procedure is started by natural persons, these must accompany the request the respective report of fitness, referred to in article 23, so that as adoptive parents.".

6.-amending article 14, in the following sense: to) replace, in the first paragraph, the phrase "of the closest degree of the child", by "of the minor, up to the third degree in the collateral line, provided that filiation is determined.".

(b) Reemplazanse second and third paragraphs by the following: "citation will be notified personally to the parents of the minor, and letter certified to other relatives; all this, as they have known addresses. For this purpose, if households, not met the Court will require, in the terms referred to in the second paragraph of article 9 º No.1, the Electoral service and the Civil Registry and identification service that inform you, within fifth day, last address of such persons that were on his records.
Not establish domicile of any of them, the judge will immediately order that the notification is carried out by means of a notice to be published free of charge in the official journal day 1 or 15 a month or the next business day if that was a holiday. In the same way one will quote to parents and relatives of the minor whose filiation is not determined. "."

7. Add, in the final paragraph of article 15, the following sentence: "reports that were evacuated in this regard must apply to any of the agencies referred to in article 6th, may the Court estimate sufficiently accredited such circumstances on their only merit.".

8. replace article 16 the expression "thirty" by "ten".
9.-amending article 18 in the following sense: to) replace your subsection first by the following: "article 18.-will know the procedures referred to in this title and title III, the judge's letters, with competence in matters of minors, domicile or residence of the minor.".

(b) replace the final paragraph by the following: "the tribunal before which have been instituted one of the procedures referred to in this article, will be competent to protective measures that are required with respect to the same child.".

10.-amending article 19, as follows: to) replaced its first subparagraph by the following, passing the current second and third subparagraphs to be fourth and fifth, respectively: "article 19.-the judge which will follow one of the procedures covered in this title, may entrust the personal care of the child who have expressed willingness to adopt it to the tribunal and to comply with the requirements set out in articles 20" 21 and 22. The request will be processed in a separate booklet, which will be reserved with respect to third parties other than applicants.
The resolution that approves such a request will produce its effects only enforceable once the sentence stating that the minor is liable to be adopted. Exceptionally, founded resolution, the implementation of this resolution may be authorised during the course of the respective procedure, in the following cases: to) when the procedure regulated in article 9, after the expiration of the period of sixty days referred to in its heading, certified without having the retraction of the will to give the child up for adoption.
(b) in cases to that referred to in article 12, after the term of Court provided for in article 15 of this law and always that not has been deducted opposition to declare that the child is likely to be adopted. In your case, is considered especially the occurrence of any of the assumptions referred to in article 12 of this law.
In the cases referred to in the preceding paragraph the judge inform personally concerned about the State of the procedure, warning them about the eventuality of that, ultimately, is denied the Declaration of the minor as susceptible of being adopted. "."

(b) in its third paragraph, that happened to be fifth paragraph, replace the word "add" by "stack" them.

11. in the first paragraph of article 21, delete the word "Chilean" and the comma (,) that follows it.

12.-amending article 23, in the following sense: to) replaced first subparagraph by the following: ' article 23.-shall be competent to hear the adoption judge lyrics, with competence in the field of children, of the domicile of the minor. ".
(b) delete paragraph 2. in the fourth paragraph, the sentence "certificate of the clerk of the Court issued according to article 9, fourth subparagraph,".

(c) add as a final paragraph, the following: "If different people apply for the adoption of a very minor, requests should accumulate, in order to be resolved in a single sentence.".

13. in article 26, add a number 5. again, read as follows: "5. officiate, when appropriate, to the Ministry of education, to be removed from curriculum registration relating to the adopted minor's background and incorporated another record according to the new identity of this.".

14 added to the end of article 29, after the separate point that happens to be followed, the following sentence: "In these cases, the term to evacuate the proceedings who has ordered the Court in conformity with the provisions of the first paragraph of article 24, shall be thirty days.".

15 Agreganse the following second and third subparagraphs new article 31: "the identity of applicants may be established by a certificate issued by the Consulate of Chile in the respective country, subject, in any case, for ratification before the Court once should personally appear applicants as provided for paragraph first of article 35 of this law.
The adoption application, in all the cases covered by this paragraph, shall be sponsored by the national service for minors or an agency accredited to this. "."
16.-Introducense the following amendments to article 32: to) number 4 Eliminanse the expressions "certificate of the clerk of the Court issued according to article 9, fourth subparagraph,".

(b) in the number 9., replace the comma (,) between the "physical" and "mental", words by the conjunction "and".

(c) in the same paragraph, suprimense the words "and psychological".

(d) be added as number 10., new, passing the current numbers 10., 11. and 12. to be 11., 12. and 13., respectively, the following: '10. Psychological report, awarded by competent professionals in the country of residence of the applicant. "."

17. delete the second paragraph of article 33.

(18 Introducense the following amendments to article 45: replaced its letter c) by the following: "c) writing public and judicial resolution that approves the Pact must be sent to the office of the Civil Registry and identification service, so will practice a new registration of birth of the adopted as a son of the or of the adoptive parents, and only from that date will produce effect with regard to the parties and third parties.".

(b) in its final paragraph, replace the word "sub-enroll" by "registration".