Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE N ° 282
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Constitution of the Republic in its article 32 establishes the family as the fundamental basis of the Salvadoran society, a permanent social institution, so the preservation of this is important for the growth and development of any child, child or adolescent. In addition, Article 34 recognizes the right of them to live in family and environmental conditions that allow their integral development, under the protection of the State.
II. Article 36 states that children born in or out of wedlock and adopters have equal rights in front of their parents so it is necessary to regulate the adoption process through a special law.
III. Salvador has ratified the Convention on the Rights of the Child and the Convention on the Protection of the Child and International Adoption Cooperation, which is why it is necessary to create a special law that adapts and develops the principles and objectives of the doctrine of integral protection, in order to give primacy to the higher interest of girls, boys and girls.
The State of El Salvador in the field of care for girls, children and adolescents has set forth its efforts by applying principles of the doctrine of integral protection, so it becomes necessary to create a legal system which aims at giving primacy to the higher interest of the the child, child, and adolescent by giving them appropriate measures to keep them in their family of origin, or by integrating it into a family preferably national, when they lack the same.
BY TANTO,
in use of their faculties Constitutional and on the initiative of the Deputy of the Legislature 2000-2003: Blanca Flor America Bonilla; of the deputies of the Legislature 2006-2009: Emma Julia Fabian Hernandez, Argentina García Ventura and Gloribel Ortez; of the Deputies of the 2009-2012 Legislature: Miguel Elias Ahues Karra, Melvin Bonilla, Jose Rinaldo Garzona Villeda, Jose Nelson Guardado Menjívar and Mauricio Rodríguez; of the Deputies and the Diputados of the 2012-2015 Legislature: Marta Lorena Araujo, Carmen Elena Figueroa Rodriguez, Alba Elizabeth Marquez and Oscar Ernesto Novoa Ayala; and the Diputados and the Deputies of the current Legislature 2015 -2018: Lucia del Carmen Ayala de Leon, Susy Lisseth Bonilla Flores, Gloria Elizabeth Gomez, Rodolfo Antonio Martinez, Juan Carlos Mendoza Portillo, Karina Ivette Sosa, Abner Ivan Torres Ventura and Guadalupe Antonio Vasquez Martinez. And with the support of the deputies and the deputies: Jose Serafin Orantes Rodríguez, Santiago Flores Alfaro, Guillermo Francisco Mata Bennett, David Ernesto Reyes Molina, Jackeline Noemi Rivera Avalos, Jorge Alberto Escobar Bernal, Gustavo Danilo Acosta Martínez, Damian Alegría, Rolando Alvarenga Argueta, Dina Yamileth Argueta avelar, Rodrigo Ávila aviles,
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Ana Lucia Baires de Martínez, Rosa Armida Barrera, Luis Alberto Batres Garay, Marta Evelyn Batres Araujo, Roger Alberto Blandino Nerio, Yohalmo Edmundo Cabrera Chacon, José Aníbal Calderón Garrido, Norma Cristina Cornejo Amaya, Valentin Aristides Corpeno, Felissa Guadalupe Cristales Miranda, Rosa Alma Cruz Seaman, René Alfredo Portillo Cuadra, Raul Omar Cuellar, Rene Gustavo Escalante Zelaya, Jose Edgar Escolan Batse, Julio Cesar Fabian Perez, Juan Manuel de Jesus Flores Cornejo, Jorge Adalberto Josue Godoy Cardoza, Ricardo Ernesto Godoy Penate, Maria Elizabeth Gomez Perla, Norma Fidelia Guevara de Ramírios, Estela Yanet Hernández Rodríguez, Karla Elena Hernández Molina, Maytee Gabriela Iraheta Escalante, Ana Mercedes Larrave de Ayala, Mauricio Roberto Linares Ramírez, Audelia Guadalupe Lopez de Kleutgens, Cristina Esmeralda Lopez, Hortensia Margarita Lopez Quintana, Samuel de Jesus Lopez Hernandez, Rolando Mata Fuentes, Misael Mejia Mejia, Jose Santos Melara Yanes, Julio Cesar Miranda Quezada, Jose Mario Mirasol Crystals, José Alfredo Mirón Ruiz, Ernesto Luis Muyshondt García Prieto, Silvia Estela Ostorga de Escobar, Lisseth Arely Palma Figueroa, José Javier Palomo Nieto, Rodolfo Antonio Parker Soto, Mario Antonio Ponce López, Zoila Beatriz Quijada Solis, Nelson de Jesus Quintanilla Gomez, Carlos Armando Reyes Ramos, Francisco Jose Rivera Chacon, Sonia Margarita Rodriguez Siguenza, Alberto Armando Romero Rodriguez, Carlos Alberto Garcia Ruiz, Marcos Francisco Salazar Umana, Jaime Orlando Sandoval, Carlos Alfonso Tejada Ponce, Patricia Elena Valdivieso de Gallardo, Juan Alberto Valiant Alvarez, Mauricio Ernesto Vargas Valdez, Ricardo Andres Velasquez Parker, John Tennant Wright Sol and Carlos Mario Zambrano Campos.
DECCRETA, the following:
SPECIAL ADOPTION ACT
TITLE I OF THE GENERALATIONS
ONLY CHAPTER
Law Object
Art. 1.- Law is intended to regulate adoption as an institution that guarantees the right and the best interests of girls, children and adolescents to live and develop within a family, ensuring their well-being and development. comprehensive; as well as the right of older people who can be subject to adoption according to this Law.
Also, it regulates administrative and judicial procedures for the adoption of girls, children and adolescents, in addition to the legal proceedings in the case of adoption of older persons.
Definition of Adoption
Art. 2.- The Adoption is a Legal Institution of Social Interest that confers by judicial resolution a bond of filiation in the definitive and irrevocable form, which is intended to provide the child, child or adolescent as the elderly person age a family, disengaging for any legal effect from their family of origin.
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Guiding Principles
Art. 3.- This Law shall be governed by the following principles:
a) Principle of higher interest: shall be understood as the best interest of the child, child or adolescent in accordance with the provisions of the Law on the Integral Protection of Children and the Adolescence any situation that favors its integral development, in order to achieve the full and harmonious development of its personality; and consequently the Organ of Government, Government Institutions, Non-Governmental and Administrative authorities shall, in any measure or action concerning girls, boys or girls, adolescents, having as their primary consideration their higher interest;
b) Principle of the primary and fundamental role of the family: consists, as regulated in the Law of Integral Protection of Children and Adolescence, in the recognition of the family as a natural means to ensure the integral protection of girls, boys and adolescents, and their primary and preponderant role in the education and training of girls;
c) Principle of subsidiarity national adoption: is to provide an option for a foster family, when the family of origin the whereabouts of the family members of the family, including those of the family members, who are not members of the family, or who are not entitled to the right to the right of establishment, shall be entitled
the right to the right of establishment.d) Principle of subsidiarity of international adoption: is to provide as an option a foreign or Salvadoran adoptive family with residence abroad, provided that the possibilities of integration have been exhausted a national family; considering their relevance in compliance with the principle of higher interest. Applications for the adoption of Salvadoran people will take precedence over those of foreign persons;
e) Principle of imitation of nature: is to generate a link of affiliation between the adopter and the a person adopted, including limitations and their natural differences in the age of family members; and,
f) Principle of international cooperation: consists of mutual cooperation between the central authorities of the each State, on the basis of the international conventions on the matter; such cooperation will be enforced through the establishment of bilateral conventions.
Interpretation and Application
Art. 4.- For the Interpretation and Application of this Law, primary attention shall be given to the compliance with the guiding principles established therein, in order to ensure in the taking of administrative and judicial decisions, the exercise of the rights and protection of guarantees for girls, boys and adolescents.
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Declaration of Adoptability
Art. 5.- The Judge or Specialized Judge of Children and Adolescents is the Official or the competent official to declare the adoptability of the child, child or adolescent, after the approval referred to in Article 7 of this Law.
Statement of Aptitude to Adopt
Art. 6.- The Director or Executive Director of the Office for Adoptions, is the Official or the competent official to declare the ability of the persons to adopt, jointly or individually.
Approval of the Administrative Procedure
Art. 7.- The Attorney General of the Republic is the official or the official authorized to approve the procedure in the administrative phase.
Decree of Adoption
Art. 8.- The Judge or Specialized Judge of Children and Adolescents who declares the adoptability of the child, child or adolescent, is competent to decree their adoption.
The Judge or Family Judge is competent to decree the adoption of persons older.
Adoption Garants
Art. 9.- To ensure the best interests of the child, child or adolescent and the respect of their rights, the Attorney General's Office, the Board of Directors of the Office for Adoptions, the Council will intervene in the proceedings for adoption. National of Children and Adolescence-CONNA-, the Specialized Courts of Children and Adolescents and the Family Courts, without prejudice to the Constitutional powers of the Attorney General for the Defense of Human Rights Humans.
Adoption Filing
Art. 10.- It is the family link that is established as a consequence of adoption, making the adopter person a parent or parent, and the person adopted in child or child.
Joint or Individual Adoption
Art. 11.- Adoption can be either joint or individual. Joint adoption can only be requested by non-separated spouses and by couples conformed by a man and a woman thus born and legally declared to be living.
Individual Adoption may be requested by any person with the ability to adopt, regardless of their family status.
National or International Adoption
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Art. 12.- Adoption is promoted by persons whose habitual residence is the Salvadoran territory and who intend to adopt a child, child, adolescent or elderly person residing in it.
International adoption is the promoted by Salvadoran or foreign persons whose habitual residence is in a Contracting State and who seek the adoption of a child, child or adolescent who has their habitual residence in the country and must be displaced outside the territory
Irregularities and Indue Practices in the Adoption Procedure
Art. 13.- The competent institutions shall ensure that no particular person, employee or official commits irregularities or practices undue in the adoption procedure or obtains benefits of any kind such as
Employees and officials of the adoption entities shall submit an affidavit of the state of their assets, regardless of the date of their entry into the institution in which they work, before the Supreme Court's Probity Section, as well as the end of his office.
In the light of the situations referred to in the first indent, the Office for Adoptions, which for the purposes of this Law may be abbreviated OPA, shall suspend the adoption procedure by means of a reasoned decision giving notice immediately to the Office of the Prosecutor General of the Republic. In any case, notice will be given to the Child and Adolescent Protection Boards and other relevant institutions.
Effects of Adoption
Art. 14.- The effects of the adoption are:
a) The adopted person becomes part of the family of the adopters, as a daughter or child of the adopters, acquiring the rights, duties and obligations that they correspond to, and the persons
b) The adoption puts an end to the parental authority or guardianship to which the child, child or adolescent is subjected or subjected, disengaging for any legal effect in total his family of origin, in respect of which he no longer has rights, duties and obligations except the Case of the adoption of the daughter and son of the spouse; remaining in force the marriage impediments that for the reason of kinship establishes the Family Code;
c) Decreed the international adoption, this will be recognized in full right in the Other Contracting States to the Convention on the Protection of the Child and Cooperation on International Adoption;
d) Sign the judgment that decrees the adoption is irrevocable; and,
e) The adopted person acquires the nationality of the adopters without loss
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nationality of origin.
Right to Know Your Origin
Art. 15.- The adopted person has the right to know who his biological mother or father is. This right is inalienable and imprescriptible.
The competent authorities must ensure the preservation of the information relating to the origin, guaranteeing access and due advice on the same to the person adopted or to his/her
Last Name of the Adopted Person
Art. 16.- In the case of joint adoption, the adopted person shall bear the first surname of the parent followed by the first surname of the mother; and in the case of individual adoption, she shall bear the two surnames of the adopted person.
In the case of the adoption of the daughter or child of the spouse or survivor, the adopted person will use as first last name, the first of the adoptive father or consanguine father, and as the second last name, the first of the consanguine or adoptive mother.
adopters may decide to equate the last name to that of the other daughters or sons, taking into account the opinion of the child, child, or child adopted.
Changing the Own Name of the Adopted Person
Art. 17.- change in the name of the adopted person may be decreed at the judicial headquarters, when this is of interest.
In the case of adoption of girls, children or adolescents, their opinion will be taken into account.
License for Adoption
Art. 18.- The individual adopters shall enjoy a paid leave for adoption, for sixteen weeks uninterrupted from the physical allowance of the family to the adopted person, provided that he is under 12 years of age. If the adopted person is more than twelve years of age, it shall be the Judge or the competent Judge who shall determine the appropriateness of the enjoyment of the license, taking into consideration the conditions or particularities of the adopted teenager.
In the case of the joint adoption by the spouses or cohabitants will determine who of them will be responsible for the paid leave.
The provisions of the above points will have no effect when the coexistence with the girl or child has lasted more than one year. year.
The employer is required to comply with this article and its non- application will give rise to the sanctions set out in Title V, Chapter One, concerning the sanctioning regime of this Law.
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Of The Existence of Other Daughters and Children, and Several Adoptions
Art. 19.- Does not oppose the adoption that the applicant or the applicant has daughters and children, nor cease their effects because they are over or recognized.
A person may request that several adoptions be enacted through procedures In addition, it is not possible to start new procedures, until there is a firm judicial decision in the precedents, and the girls, boys or adolescents must have a difference of age of at least one year between one and the other. However, when you intend to adopt two or more sisters or siblings, they must not be separated and adoptions will be processed in a single procedure.
Prohibition
Art. 20.- The adoption of sisters and brothers is prohibited.
Nulties
Art. 21.- The adoption that is decreed is void:
a) Without the consent, consent and the right to have an opinion and to be heard from any of the persons to whom it is necessary to grant them in accordance with this Law;
b) force or fraud;
c) In case of non-compliance with the minimum age to adopt;
d) When the adopter person exceeds in forty-five years the age of the adopted person, except as provided for in the third indent of the article 42 of this Law, in which case it may not exceed fifty years; and,
e) In the event of non-compliance with the prohibition of the adoption of a given child, child or adolescent and between sisters or brothers.
Regarding the nullity of the procedural actions, the provisions of the Civil and Commercial Code of Procedure will be provided.
Consequence of Other Infractions
Art. 22.- of legal provisions not sanctioned in this Law shall not invalidate the adoption; but the responsible authority to whom it is attributable or who under its responsibility shall be committed shall incur the
CHAPTER I
CHAPTER I
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OF PERSONS SUBJECT TO ADOPTION
Of Girls, Children, and Adolescents Subject To Adoption
Art. 23.- The following cases may be adopted by girls, boys and adolescents whose adoptability has been declared by the Judge or Specialized Judge of Children and Adolescents:
a) Those of unknown parentage;
b) girls, children or adolescents who lack the mother and father, are in a situation of abandonment by both or whose whereabouts are ignored;
c) Those who are under the personal care of their parents, parents or other relatives, provided that there are justified and appropriate reasons for the person adopted, qualified by the Judge or Judge Specialized in Childhood and Adolescence;
d) The daughters or children of one of the spouses or of the declared living beings;
e) Those whose mother or father has been declared incapable judicially by the cause of chronic mental illness and incurable even if there are lucid intervals; and,
f) The sister or sibling of whom has been declared their adoptability.
Any child, child or adolescent who is in a situation of lack of care is considered to be in a position of physical and emotional protection, which affects their integral development by action or omission by their parents and relatives. For the establishment of the abandonment situation, efforts must be made to locate the family, as well as the measures taken in the Comprehensive Protection System.
Adoption of Older Persons
Art. 24.- persons may be adopted, whose adoptability has been decreed by the Judge or Family Judge, where the consent of both parties exists and there exist between them affective bonds similar to those that bind the daughters and children with mothers and fathers.
Single Register of Girls, Children and Adolescents Adoptions; and Apts for Adoption
Art. 25.-The Register of Adoptions of girls, boys and adolescents, and persons eligible for adoption, which will be under the responsibility of the Office for Adoptions, will be created and must be updated permanently with the resolutions that declare the general process of protection completed, the judgments of adoptability of the Judges or Specialized Judges of Children and Adolescents which the same pronuncies and the reports that the Office for Adoptions must issue of compliance with this Law, which shall be provided every three months and shall contain the data of Girls, boys, and teens fit to be adopted.
Likewise, you must bring a Single Register of individual persons, spouses or cohabitants
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declared, qualified as fit for adoption.
The information to which they reference the above points shall be considered as confidential, and may only be accessed in the exercise of their duties established in this Law, the Office for Adoptions, the Specialized Courts of Children and Adolescents and the Ministry Public.
Special Ban
Art. 26.- Any child, child or adolescent whose adoptability has been declared, shall not leave the national territory without the adoption of the adoption by the Judge or Specialized Judge of the competent Child and Adolescence, except in the case of a sum urgency for reasons of health of the adopted person, prior to the exclusive authorization of the same Judge or Judge competent to declare the adoptability.
Exceptionally the Judge or Judge competent may assess other circumstances to issue the authority referred to in the previous paragraph.
Prohibition of Adoption of Nina, Child or Teen Determined
Art. 27.- The adoption of a given child, child or adolescent is prohibited except in the following cases:
a) Where there has been co-existence or proven affectivity with the applicant or the applicant; and,
b) parentage between the applicant and the person adopted.
In all cases, the declaratory of the aptitude to adopt of the adopters or the adopters, and the declaratory of adoptability of the girl, child or However, in the first case, the investigation of the legal origin of the case will be necessary. coexistence or affectivity.
It is understood that there is co-existence or affectivity between the adopters and the adopted person when they have made life in common for more than one year continuously and uninterrupted as a family within the a stable home, before the adoption procedure has started.
Adoption of Sisters or Brothers
Art. 28.- In case of any sisters or siblings who may be subject to adoption, they must not be separated, except where the higher interest of the child, child or adolescent is impaired with such adoption.
Adoption of Girls, Children and Adolescents with Disabilities
Art. 29.- The Office for Adoptions should pay particular attention to the cases of girls, children and adolescents with disabilities; seeking to be equally adopted and adopted by a family that ensures their right and higher interest.
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CHAPTER II CONSENT, ASSENT
AND RIGHT TO REVIEW AND BE HEARD
Consent and Consent
Art. 30.- For the adoption of a child, child or adolescent, the consent of the mother or father under whose parental authority will be found, having received prior advice and due information of the consequences of her consent, in particular as regards the breakdown of the legal link between the child, child or teenager and their biological family.
The same applies, where the parental authority is exercised by a parent or minor parent, whose consent must be given by her or him, with the consent of his legal representative or in his defect with the authorization of the person holding the Office of the Attorney General of the Republic.
The consent shall be provided by the Attorney General of the Republic in the case of the adoption of persons under guardianship, of girls, children or adolescents who lack the mother and father, of the unknown filiation, of those whose legal causes have left the parental authority, of those whose mother or father has been declared judicially incapable or whose whereabouts are unknown.
In any case, the faculty of consent is inselectable except in the case of the person holding the Attorney General of the Republic, who will be able to do so by means of the auxiliary assistant especially for this purpose.
For the purposes of this Law and for the establishment of the abandonment of the girl, child or adolescent as a cause of the loss of parental authority referred to in Article 240 of the Family Code, it is understood that the whereabouts of the mother and father of the person in the process of adoption is unknown, when they have been summoned by the Attorney General of the Republic through edicts published twice with an interval of fifteen working days in a broad-based newspaper They are not present; and they have been informed of the lack of knowledge of their whereabouts received from the Office of the Prosecutor General of the Republic, National Civil Police, Directorate General for Migration and Foreign Affairs, Directorate General of the Criminal Centers, National Registry of Natural Persons and Institute of Legal Medicine, within a period not exceeding the fifteen working days following your application. In the last publication of the edict, the mother or father whose whereabouts are not known must be prevented from being present within the next 15 days to exercise his right, and if he does not do so, he will be appointed a human rights defender.
Finalized the procedure of the previous paragraph, the Attorney General's Office may plead the abandonment without justified cause of the girl, child or adolescent, and must immediately start the corresponding process of loss of authority parental.
Post-Birth and Ratification Consent
Art. 31.- The consent of the mother and the father must be granted personally after the birth of the child or child and for only one time in the Office for Adoptions, ratifying it in judicial headquarters. Ratification can be done by proxy or proxy.
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For the granting of the mother's consent during the administrative process, it will be necessary the presentation of a psychological opinion certifying the emotional and mental state of the same, which must be performed by the team that the Office for Adoptions determines, from the list required to the Board of Surveillance of the Profession in Psychology of El Salvador.
Ratification of consent to refers to the first indent, where the mother or father, or both, have lost the parental authority, have been declared incapable or are unaware of their whereabouts on the same terms of the previous article, if any, shall be granted by the person holder of the Office of the Attorney General of the Republic or by an assistant specially designated by that holder.
Spouse or Survivor's Consent
Art. 32.- The individual, married or living individual applicant, needs the consent of his or her spouse to adopt a child, child or adolescent, having been previously advised and informed of the consequences of the adoption by Part of the Committee for the Selection and Allocation of Adoptive Families.
In the cases of the previous paragraph, the other spouse or survivor may subsequently adopt the child, child or adolescent, if they meet the requirements set out in this Law, in which the adoption will take all the effects of the joint adoption.
Consent shall be required where such spouse or survivor has been declared incapable, presumed dead, where his whereabouts are unknown in the terms laid down in Article 30 of this Law, or where they are more than one year old.
Right to View and Be Heard from the Child, Child or Teen Subject of Adoption
Art. 33.- The child, child or adolescent, shall issue her opinion or consent on the adoption in accordance with methods according to her age and evolutionary development, being taken into account by the respective judge or judge. It shall be verified that it has been granted freely, leaving for such a written record; likewise, it shall be advised and informed of the consequences of the adoption and of its opinion with respect to it.
In the case of girls, children and adolescents with disabilities, after qualification by the Judge or the respective Judge, must be heard and express their opinion or consent with methods according to their disability situation.
Once the resolution is signed decrees the adoption, the consent will be irrevocable and the opinion expressed by the girl, child or teen cannot be modified.
From the Right to View and Be Heard from the Daughters and Children of the Adopting Persons
Art. 34.- In the event that the adopters have other daughters or children, they must express their opinion in administrative headquarters according to the criteria laid down in the previous articles, and if the Judge or Judge requires it, they must also manifest it at judicial headquarters in order to be valued in the higher interest of the adopted person.
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In the case of international adoption, according to the criteria set out in the provisions (a) the right to exercise the right here provided for in the technical studies carried out abroad for their respective assessment by the Office for Adoptions, which shall be supported by document certified by the competent authority in the field of adoptions of the State of receipt or agencies accredited by the same.
Form of Grant Consent, Consent and Right to View and Be Heard in the Office for Adoptions
Art. 35.- The Office for Adoptions will ensure that persons whose consent or consent is required for adoption, have been duly advised and informed of their consequences and will be awarded in a personal, free manner, leaving the written record and without any undue benefits; the same shall apply when the child, child or adolescent, exercises his or her right to have an opinion, to be heard and to give his consent or not, during the process.
In the case of the spouse or Living person who is residing outside the country, the assent may be granted in writing public.
Indue Benefit Ban
Art. 36.- The consent and consent that are required for adoption cannot be obtained in any case, by payment or benefit of any nature.
Persons who have knowledge of a benefit of any kind, must proceed in accordance with the provisions of Article 13 of this Law.
Retractation
Art. 37.- The biological mother or father and the child, child or adolescent who, within the exercise of the right to have an opinion and to be heard, granted their consent during the process, may recant until before the resolution that decrees is signed the adoption, for reasons justified and valued by the Judge or Judge, who shall, within a period not exceeding 15 working days, give the persons concerned a special hearing to explain the reasons for the withdrawal; The Judge or Judge shall then issue the judgment in which the decision in the interest is based
CHAPTER III OF ADOPTERS
General Requirements for the Adopting Person
Art. 38.- To adopt it requires:
a) Being legally capable;
b) Being over twenty-five years of age, except spouses or major cohabitants of
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age having three years of married or in declared coexistence;
c) Possession conditions Family, moral, psychological, social, economic and health evidence of fitness and readiness to assume the exercise of parental authority;
d) Not having been deprived or suspended from the exercise of parental authority;
e) Not being subjected to administrative or judicial proceedings against girls, boys or adolescents, as well as processes on domestic violence and gender-based violence or have been convicted of crimes against them;
f) Not having been convicted of crimes against sexual freedom; and,
g) Not having criminal history for serious crimes.
Special Requirements for Foreign Adopting Persons or Non-Residents in the Country
Art. 39.- The foreign persons or whose habitual residence shall be located outside the territory of the Republic, to adopt a child, child or adolescent, shall in addition comply with the general requirements and the established procedure, following:
a) That they have at least three years of married or in co-existence declared, when it is a joint adoption;
b) That they meet the personal requirements to be required by the law of their country of origin or residence;
c) Check that a public or state child protection institution and adolescence or the family of your country of residence, will ensure the interest of the adopted person; and,
d) Declaratory of suitability to adopt by the central authority of your country of residence.
Technical Studies
Art. 40.- The social, psychological and other studies to be submitted by the adopters with legal residence abroad, if carried out outside the Salvadoran territory, must be carried out by specialists of a public institution or (a) State aid to ensure the protection of children and adolescents, the family or professionals whose opinions are approved by an entity of such nature. All opinions must be backed by the central authority of your home country.
In any case, such studies will be qualified by the Office for Adoptions during the administrative process.
Adoption by the tutor or guardian
Art. 41.- The tutor or guardian may adopt her pupil or pupil whenever they have been approved
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judicially the accounts of your administration and paid the balance that I will result against you.
Equalities Difference Between the Adopting People and the Adopted Person
Art. 42.- The adopted person must be at least fifteen years older than the adopted person and shall not exceed the age of the same person in more than forty-five years; in the joint adoption these differences shall be established in respect of persons. adopters of the child, child or adolescent.
The foregoing shall not prevent the adoption of the daughter or child of one of the declared spouses or convivies, or of the child, child or adolescent who has lived with the adopters at least one of the following: year, or adoption among relatives within the fourth degree of consanguinity or second degree of affinity, provided that the Judge or Judge considers that the adoption is appropriate for the adopted person.
By attending to the best interests of the child, child or adolescent, the competent judicial authority shall be satisfied with the assignment of applicants who exceed the age range established, for which the principles of adoption will be taken into account and in no case may exceed in more than fifty years the age of the adopted person.
In the case of adoption by a single spouse the difference between age of the adopted person must also exist with the other declared spouse or cohabitants, who for The case must grant its assent.
Death of One of the Adopting Persons
Art. 43.- When one of the spouses or convivires of adoption, the person concerned whose spouse or survivor has died, must state whether he wishes to proceed with the procedure on an individual basis.
OFFICE FOR ADOPTIONS TITLE III
CHAPTER I STRUCTURE AND FUNCTION
Central Authority
Art. 44.- The Office of the Attorney General of the Republic shall be the central authority in the field of International Adoptions for the purposes of the Convention on the Protection of the Child and Cooperation on International Adoption.
establish mechanisms for cooperation with Central Authorities of receiving countries, ratifying the Convention on the Protection of the Child and International Adoption Cooperation.
Office for Adoptions
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Art. 45.- The Office for Adoptions, is a specialized office of the Attorney General's Office with technical autonomy. The main function is to receive, process and administratively resolve the application for the adoption of girls, boys and adolescents, as well as the processes or procedures necessary for this purpose, guaranteeing their higher interest.
Organizational Structure
Art. 46.- The OPA shall be composed of the following bodies:
a) A Board of Directors;
b) An Executive Directorate;
c) Legal Qualification Unit;
d) Family Qualification Unit; and,
e) Selection and Allocation of Adoptive Families to girls, children and adolescents subject to adoption and post-adoption follow-up.
The organs expressed, will have the legal, multidisciplinary and administrative technical staff that you need.
Integration of the Board of Directors
Art. 47.- The Board of Directors shall be integrated as follows:
a) The titular person of the Office of the Attorney General of the Republic, who shall be the President or Chairman of the Board of Directors;
b) The head of the Board of Directors Executive of the National Council of Children and Adolescents;
c) A person delegated from the Ministry of Foreign Affairs; and,
d) Two persons representing civil society.
The alternate person of the Presidency of the Board of Directors shall be the Deputy Attorney General; the alternate person of the Executive Directorate of the CONNA shall be the one designated by the Board of Directors of the same; the Ministry of Foreign Affairs, who is thus nominated by the Secretariat of State; and the representatives of civil society, who are elected respectively. As such.
The members of the Board of Directors will perform their ad honorem charges.
The charges exercised by the persons representing civil society are incompatible with the exercise of other public charges.
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Quorum, Sessions and Collegiate Decision
Art. 48.- The Board of Directors shall be held in an ordinary manner every sixty days and extraordinarily when convened by the head of the Executive Directorate of the OPA.
The Board of Directors may hold a session with the majority of its owners or their respective alternates in the event of missing the first, and shall take their decisions by a simple majority of those present. In the event of a tie, the holder of the Presidency or the alternate person, if any, shall have a qualified vote.
Powers of the Board of Directors
Art. 49.- They are functions of the OPA Board:
a) Establish Institutional Policies;
b) Approve your annual work plan;
c) Propose your operating budget;
d) Approve your work memory;
e) Perform annual accountability;
f) Approve internal and operational regulations and those that are necessary for the efficient development of their activities;
g) Create administrative technical support units necessary for its operation;
h) Set technical criteria for the rating of the person or persons they intend to adopt, as well as for the assignment of the appropriate family to the girls, children or adolescents subject to adoption;
i) Designate through a process of public selection and merit to the person holding the Executive Management;
j) Establish the mechanisms for permanent oversight of the administrative procedure for adoption by ensuring the agility of the process;
k) Propose legal, regulatory or administrative reforms that are required for the best compliance with the object of this Act;
l) Designate members of the Committee for the Selection and Allocation of Adoptive Families to girls, boys and adolescents subject to adoption and post-adoption follow-up;
m) Velar for the proper profile of the staff of this office, as well as for the proper fulfillment of their functions;
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n) Knowing the review facility in the cases set forth in this Act;
o) Authorize the operation of accredited bodies referred to in this Law;
p) Contry periodically, at least every two years, external audit of the administrative adoption processes; and,
q) Other Laws.
Chair of the Board
Art. 50.- The holder of the Chair of the Board of Directors of the OPA, shall preside the sessions and shall ensure that the agreements of the same are fulfilled. In case of absence, the sessions will be chaired by their respective alternate.
People of the Civil Society
Art. 51.- The CONNA will convene the care entities of the children and adolescents that make up the Shared Care Network, to propose two terms, which will be presented to the Supreme Court of Justice and the other to the Attorney General's Office. of the Republic, in order for these institutions to appoint the respective owners and alternate representatives of civil society.
The call shall be made with at least thirty working days in advance of the date of the election, for the effect of the members of the Shared Care Network, they must carry out registration for the nomination of their representatives on the terms that will be proposed for their election.
In any case, it must be ensured that the representation of the civil society, has a high social recognition for its good repute
The duration of their duties will be three years from the time of their election and they will be able to be re-elected once in their posts.
Loss of the Quality of Representative of the Civil Society
Art. 52.- The quality of the representative of civil society on the Board of Directors of the OPA shall be automatically lost for the following reasons:
a) For failing to perform its duties within the Board of Directors, in a manner consistent with justification in writing, or for abandonment of office;
b) For resignation from office;
c) For having been sanctioned or sanctioned in administrative or judicial headquarters, for threat or violation of the rights of children and adolescents; and,
d) For having been convicted in final judgment for any kind of criminal offence.
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Persons representing the Civil Society shall be replaced by the same mechanism for your choice.
OPA Executive Address
Art. 53.- To be the holder of the Executive Directorate of the OPA, it is required to be over thirty years of age, of honesty and jurisdiction, with authorization for the practice of law in the Republic and with demonstrable experience during the Three years in the field of childhood and adolescence, and Family Law.
The title of the Executive Directorate of the OPA is incompatible with the performance of any other public or private office, with the exercise of the law and the notarized or any other function determined by the Board of Directors. Similarly, it should not be related to the fourth degree of consanguinity and the second degree of affinity with the members of the Board of Directors of the OPA.
OPA Executive Address
Art. 54.- They are the privileges of the Chief Executive of the Executive Directorate of the OPA:
a) To exercise the General Administration of the OPA, in technical, functional and operational aspects, in accordance with the internal legal regulations and the guidelines, instructions and resolutions emanating from the Board of Directors;
b) Act as the Secretariat or Secretary of the Board of Directors, prepare the session agenda and convene; lift and carry the respective registration of the minutes; and extend, if applicable, the respective certifications;
c) Direct, coordinate and monitor the OPA staff work;
d) Develop the Internal and Operating Rules of the OPA;
e) Bring the single registration referred to in Article 25 of this Law;
f) Velar because the order of the list of families qualified as eligible for adoption to be taken into account at the time of their assignment;
g) Velar because the guiding principles of this Law are respected, as well as the fundamental rights of children and the adolescence in any adoption procedure; and,
h) The others that point to the Laws.
Aptitude Declaratory for Adoption
Art. 55.- The Declaration of Aptitude for Adoption is the resolution issued by the titular person of the Executive Directorate of the OPA on the basis of the content of the psychosocial studies, in order to qualify the person or persons as applicants as eligible family to adopt.
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In the event of the absence of the titular person, he will make his or her temporary appointment by the OPA Board of Directors.
Adoptive Families Selection and Assignment Committee
Art. 56.- The Committee for the Selection and Allocation of the Adoptive Families of Girls, Children and Adolescents, subject to adoption, shall be composed of a professional person in each of the legal, psychological and social work areas designated by the Board. Directive, which will be chaired by the head of the Executive Directorate of the OPA.
The agreements of the said Committee will be based on the selection criteria of the person (s) who will be entered in the minutes.
CHAPTER II OF THE ACCREDITED BODIES
Accredited
Art. 57.- An Agency Accredited in a Contracting State to the Convention on the Protection of the Child and Cooperation in Matters of International Adoption, may only act in El Salvador if it has been authorized for this purpose.
Accredited bodies are those who are responsible for complying with the obligations imposed on them.
Authorization of Accredited Bodies
Art. 58.- The Agencies Accredited in a receiving State, to carry out activities aimed at the adoption of girls, children or adolescents in our country must be authorized by the Board of Directors of the OPA, after consultation with the authority
The application for authorization of the Accredited Body must be submitted in the OPA, addressed to its Board of Directors, by the legal representative or the person who has taken over it.
The procedure and the requirements for the authorisation of the accredited bodies of the Contracting Parties to the Convention on The Protection of the Child and the Cooperation in Matter of International Adoption, will be developed by the OPA and approved by its Board of Directors.
Delivery of Certification of Authorization
Art. 59.- The authorization resolution shall be certified to the legal representative or the person who has been taken over by the accredited body.
TITLE IV OF THE PROCEDURES
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CHAPTER I PROCEDURES REGULATED BY THIS LAW
Procedure for Adoption
Art. 60.- The Administrative Procedure for Adoption begins with the submission of the application for adoption to the Office for Adoptions or the Assistant Attorney General of the Office of the Attorney General of the Republic- Auxiliaries-the first to perform the legal qualification of its contents and the documentation submitted in accordance with Article 89 of this Law. If the application is accepted, that office shall order the technical studies referred to in Article 90 of this Law, so that, on the basis of the legal status and the content of the psychosocial studies carried out, a declaration of aptitude or not for adoption, as provided for in Article 91 of this Law. Issued the declaration of aptitude for adoption, the file will pass to the knowledge of the Committee of Selection and Assignments of Adoptive Families, who after the selection of the family that best guarantees the integral development of the girl, child or as a teenager who is subject to adoption, shall transmit the certificate of the file to the person of the Office of the Attorney General of the Republic, to issue the corresponding resolution of authorization of the adoption, thus concluding the procedure (a) to be adopted by the Commission in accordance with Articles 93 and 94 of the present Law.
The judicial procedure for adoption begins with the judicial declaration of the adoptability of the girl, child or adolescent performed by the Judge or Specialized Judge of Ninevez and Adolescence, who must submit the certification of the referred to the Office for Adoptions. The same Judge or Judge, after the administrative procedure for the adoption described in the first indent, shall be the competent authority to decree the adoption. In the case of the adoption of older persons, the Judge or Family Judge of the address of the adopted person will be the competent to decree the adoption.
In the case of the International Adoption the provisions in the Articles 3, 12, 34, 122, " Title IV, Procedures, Chapter I, Procedures governed by this Law, Chapter III, Authorization of Adoption in Administrative Headquarters, First Section, General Provisions, Third Section, Procedure for the case of International Adoption "; as well as the other relevant provisions of this same law, and provisions corresponding to the Convention on the Protection of the Child and the Cooperation in Matter of International Adoption.
All the notifications referred to in this Law, except those where otherwise specified,
The procedure provided for in this provision will be developed in accordance with the provisions of this Title.
Of Procedures
Art. 61.- The procedures provided for in this Title are:
a) Judicial declaration of adoptability of child, child or adolescent;
b) Authorization of adoption in administrative headquarters; and,
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c) Decree for the adoption of girls, boys, adolescents and the elderly at judicial headquarters.
Adoptability Judicial Declaratory
Art. 62.- The procedure for the judicial declaration of the adoption of the child, child or adolescent must be dealt with as a diligence of voluntary jurisdiction according to the Family Law.
In case of a containment, it must process according to the rules of the family process.
Authorization of the Adoption in Administrative Headquarters
Art. 63.- The administrative procedure by which the holder of the Office of the Attorney General of the Republic authorizes the adoption shall be carried out in the OPA, and shall understand:
a) The legal technical qualification of the applications for adoption;
b) The qualification of the person or families eligible for adoption; and,
c) The selection and assignment of the adopted person or family of children, children and adolescents subject to adoption.
Decree of Adoption of Nina, Child o Adolescent
Art. 64.- To decree the adoption of the Specialized Judges or Judges of Children and Adolescents, they shall review the application for adoption, require the administrative file dealt with in the OPA and shall cite a hearing, in which the person's presence Delegate of the Attorney General's Office will resolve the conduct.
Decree of Older Adoption
Art. 65.- The application for the adoption of older adults shall be submitted by the adopted person and the person adopted before the Judge or Family Judge of the address of the adopted person, and the administrative procedure shall not be required.
CHAPTER II JUDICIAL DECLARATORY OF ADOPTABILITY
OF GIRL, CHILD OR TEENAGER
Declaratory of Adoptability
Art. 66.- Received the proceedings of a child, child or adolescent, the person entitled to the Office of the Attorney General of the Republic, shall refer them within the period of seven days to the Judge or Specialized Judge of Ninevez and Adolescence, who shall examine the same, and shall proceed within fifteen days after its receipt to signal a judgment hearing, in which according to the evidence
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received and to the investigation conducted by the multidisciplinary team, will decree the adoptability or not of the child, child or adolescent.
If you declare the adoptability of the child, child, or adolescent, you will transmit certification of the respective resolution to the OPA.
Pre-Adoptive Families
Art. 67.- If the decision of the Judge or Specialized Judge of Childhood and Adolescence consists of the integration of the child, child or adolescent in Pre-adoptive Families, it will certify the resolution to the OPA, so that the Single Registry of Adoptions of girls, children and adolescents, and persons eligible for adoption, respecting the order of the list of qualified families, without prejudice to the provisions of Article 80 of this Law, at the discretion of that office, in compliance with the principle of superior interest of the girl, child or adolescent, assign a family to the child, child or adolescent subject adoption.
The OPA shall report within the maximum period of fifteen working days of receipt of the certification of the respective resolution, if the assignment of a family to the child, child or adolescent, to the Judge or Judge
In this case, the license provided for in Article 18 of this Law shall be enjoyed from the physical assignment of the family to the child, child or adolescent subject of adoption.
CHAPTER III AUTHORIZATION OF ADOPTION IN ADMINISTRATIVE HEADQUARTERS
FIRST GENERAL PROVISIONS SECTION
Competition Administrative
Art. 68.- The OPA shall be competent to know the administrative procedures of the adoptions.
However, the procedure for national adoption may be initiated in any of the Auxiliary Attorneys with the submission of the adoption application, the respective file being referred to the OPA, for which this office will dictate the necessary technical guidelines.
Office of the Office
Art. 69.- The application for the adoption of the administrative process will be automatically driven.
Procuration
Art. 70.- In the administrative stage of the national adoption procedure, it is not necessary to act by means of a proxy person, leaving it to the discretion of the applicants to intervene personally or to appoint a lawyer or lawyer representing them. In the latter case the
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corresponding judicial general power with special clause or special power granted by the persons applying for attorney or lawyer in the exercise of their profession.
In the administrative stage of the international adoption procedure, applicants will be required to obtain compulsory procurement.
File Access
Art. 71.- The adoption administrative files shall remain in custody in the OPA. The parties or their representatives may have access to and consult them, which may not be removed from the offices entered.
On each occasion The file will be placed on record for the purposes of having any pronounced resolution notified.
Applicants will be able to make inquiries that they consider relevant to the status of their process. through the Auxiliary Attorneys, who will have to guarantee this right.
Free Counsel
Art. 72.- Prior to the request for adoption, interested persons may submit to the AOPA or to the Assistant Attorney General, to request free advice regarding the procedure and the documentation necessary to initiate the respective procedure.
Request Requirements
Art. 73.- The application for authorization of adoption shall be addressed to the holder of the Executive Director of the OPA, and shall contain:
a) Names and surnames of the requesting person or family, age, family status, profession or trade, nationality, domicile, place of residence, number of Unique Identity Document or passport in your case, or number of residence card extended by the immigration authorities of El Salvador, telephone number and mailing address electronic;
b) Rationale for adoption;
c) Age range of child, child, or adolescent to adopt;
d) Name and general of the child, child or adolescent to be adopted in case of a given;
e) Accurate relationship of the facts for the pretense of the adoption of a given child or child, according to the provisions of the Article 27 of this Law;
f) Other documents that check compliance with the requirements laid down in Article 38 of this Law;
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g) Place to receive notifications and appointments within the OPA territorial constituency or Assistant Attorney General in your case. A technical means which is electronic, magnetic or of any other nature which enables the constancy of the notification and offers security and reliability guarantees; and,
h) Place, date and signature of the or the
Anexa Documentation for National Adoption
Art. 74.- The application for national adoption shall be annexed to the following documentation:
a) Recent certification of the birth of the applicant or the applicants;
b) Certification of the departure of marriage when applying, or a resolution declaring the quality of living conditions;
c) Recent medical constancy on the health of the adopters;
d) Solvency of the National Civil Police;
e) Constancy of criminal records;
f) Record of updated salary for those who are civil servants, employed or in case of not to be assaulted, a sworn statement before a notary or notary indicating the origin of his or her income, or any other authentic document in which the economic capacity is recorded;
g) Photocopy certified by a notary or notary of a Single Document Identity, passport or residence card in your case;
h) Certification of the birth of daughters and biological children, if any;
i) Health constancy of children and children under 12 years of age, if , and,
j) Photographs of the applicants and their family environment, as well as the interior and exterior of family housing.
Anexa Documentation for International Adoption
Art. 75.- The application for international adoption shall be annexed to the following documentation:
a) General Judiciary with special clause or Special Power granted by the applicants in favor of a lawyer or lawyer in the exercise of their profession;
b) Recent certificate of birth departure of the applicants or persons;
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c) Certification of birth and constancy of health of daughters and children under twelve years residing in the home of the applicant or the applicant, if any;
d) Certification of the departure of marriage, divorce or death where appropriate;
e) Recent medical constancy on the health of the person or persons applicants;
f) Police or criminal background;
g) Photographs of the or the applicants and their family environment, as well as the interior and exterior of the family housing;
h) Work and updated salary for those who are working persons, employed or in the event of not being assaulted, a notary or notary affidavit indicating the origin of his or her income, or any other authentic document in which the economic capacity is recorded;
i) photocopies certified by a notary or notary of his or her passports; corresponds;
j) Social and psychological study of the applicants duly backed by public entities. Where they have been carried out by private professionals abroad, they shall be supported by one of the accredited bodies;
k) Certification of suitability issued by the central authority, accredited bodies or authority public of the receiving State where it is established that the applicants are eligible to adopt; and,
l) post-adoption follow-up commitment granted by central authority, accredited bodies or public authority of the receiving State, compliance with the provisions of this Law and the Convention on the Protection of the Child and International Adoption Cooperation.
Anexa Documentation for Child, Child or Adolescent Adoption
Art. 76.- For the adoption of a given girl, child or adolescent, the following documentation must be submitted, as appropriate:
a) Recent certification of the child's birth, child or adolescent determined, if any;
b) Medical constancy of health of the child, child or adolescent determined, as appropriate;
c) Certification of the death of the mother or father if she is a child, child or adolescent who has no mother and parent;
d) Resolution certification on application of judicial measure under family mode pre-adopted, if it has been decreed by the Specialized Court of Children and
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Adolescence;
e) Certification of the Family Court judgment that gave the persons applying for the personal care protection measure of the child, child or adolescent, in accordance with Article 130 of the Family Processing Act, as well as certification of the allocation act;
f) Certification of departure birth of the biological mother or father who has been declared incapable;
g) Certification extended by the Office of the Attorney General of the Republic on declaratory of unknown whereabouts of the mother or father, in accordance with the provisions of this Law; and,
h) Certification of the judicial approval of the accounts of the administration of the guardian or guardian and payment of the balance that will be against you if any, or in your case the constancy of lack of goods.
Original Documents and Copies
Art. 77.- All documentation shall be presented in original and certified copy notarially, and when the original documentation is issued abroad, in order for it to have effects, it must be duly authenticated or apostille in its case. If the language is different from Spanish, it must be accompanied by its corresponding translation according to the Law and International Treaties.
Notifications and Citations
Art. 78.- The notifications and citations may be made personally to the applicants for adoption, to the persons who have taken them, to the persons empowered to receive them or through the technical means indicated by the persons.
Test Assessment
Art. 79.-In the administrative process the tests will be valued according to the system of the healthy criticism, except the documentary proof that will be valued according to the rules established in the Code of Civil and Commercial.
Families Selection Criteria
Art. 80.- To select the appropriate family among the eligible to adopt a child, child or adolescent, the technical studies shall be taken into consideration and in addition the criteria of the age difference between the adopter and the adopted person, state of physical and mental health, family environment, number of daughters and biological or adoptive children in the home and ages of the same, lack of daughters and biological or adoptive children, economic capacity of the adopters and any circumstance that favors your higher interest.
Administrative Disissue
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Art. 81.- In any state of the administrative process until prior to the authorization, the person or persons concerned may desist from their claim.
The person who takes over the person or the adopters may not desist if they are not especially empowered for this.
Provenance of the Revocation Facility
Art. 82.- The recall facility proceeds against the resolutions delivered within the administrative process.
Revocation Interposition
Art. 83.- The recall action shall be based on and in writing before the OPA, within three days of notification of the agreement or the resolution in its case.
In the case of the agreement taken as the fitness of the or the persons who are adopters, the appeal must be accepted immediately after the expiry of the period of interposition and the actions before the said authority must be addressed, who must resolve the action within 10 days of receipt of the This resolution shall not be admissible. With respect to resolutions delivered by the OPA, such an appeal will be resolved by the authority that issued them within three days of its interposition.
Provenance of the Review Facility
Art. 84.- This resource proceeds against the resolution pronounced by the OPA rejecting the recall.
Review Interposition
Art. 85.- The review facility must be substantiated and written in writing within the AOPA within three days of the notification of the respective decision to the Board of Directors.
The appeal must be accepted immediately after after the deadline for interposition and refer the actions to the Board of Directors, who will have to resolve it in the next session, within a period not exceeding seven days.
Requirements
Art. 86.- For the impulse and resolution of the administrative procedure of adoption, the OPA or the Auxiliary Procuratoras, may carry out the adopters, their proxies and public and private institutions the requirements that they consider required.
Reporting Obligation
Art. 87.- The OPA will have the obligation to inform the Specialized Courts of Childhood and Adolescence immediately of the administrative procedure with the authorization of adoption.
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SECTION SECOND PROCEDURE FOR NATIONAL ADOPTION
Request
Art. 88.- The application for national adoption may be in a verbal or written form to the OPA or the respective Judge or Judge as appropriate. Verbally must be performed by the applicant or the applicant, and in no case will the AOPA or the Auxiliary Procuratoras be able to refuse to receive them. In written form it can be presented by the person or persons requesting it personally or through the person who has been specially empowered to do so. In both cases, the corresponding documentation must be appended and the receiver must be in writing to have received it.
Legal Rating
Art. 89.- application for adoption or the case file shall be received within 30 days, the legal status of its content and the documentation submitted for the purpose of determining whether it meets the requirements for its The admissibility, otherwise, shall be given to the applicant or the person concerned, in order to remedy the errors or omissions within seven days of the notification of the decision. If prevention is not remedied, it will be declared inadmissible, with the exception of the right to submit it again.
Technical Studies
Art. 90.- Admitted to the adoption application, the social and psychological technical studies will be ordered based on the guidelines established by the corresponding Regulation.
These studies must be carried out by a team A multi-disciplinary body assigned to the OPA; and at the request of the applicant or the applicants, may be performed by particular professional persons listed as required to the Board of Surveillance of the Profession in Psychology of El Salvador.
both cases, the social and psychological technical studies, must be presented to the person holding the OPA Executive Director within ten days of the notification of the resolution ordering its completion.
The specialists of the OPA will have a maximum period of three working days to submit their opinion on the studies of professionals outside the head of the Executive Directorate of the OPA.
If the studies present errors or omissions, the respective sub-healing or enlargement that must be evacuated will be ordered within 15 days. If it is not remedied, the order of admission of the application will be revoked and the proceedings will be returned to the interested party, with the exception of the right to submit it again.
Resolution of Aptitude to Adopt
Art. 91.- The person who holds the Executive Directorate of the AOPA shall issue the reasoned decision declaring whether or not to be adopted, within thirty days, on the basis of the legal status and
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the content of psychosocial studies.
Meeting of the Selection Committee and Adoption of Adoption Families
Art. 92.- Once the decision on the declaration of aptitude has been notified, the file shall be brought to the attention of the Committee for the Selection and Allocation of Adoptive Families, which shall agree, within forty-five days after the date of receipt of the such notification, the selection of the family that best ensures the integral development of the child, child or adolescent subject to the adoption procedure. This agreement shall be entered in the minutes.
In the event of the adoption of a given child, child or adolescent, the Committee shall select the family concerned, subject to the provisions of Article 27 of this Law and in accordance with the principle of higher interest.
Authorization for Adoption
Art. 93.- family shall be selected by the family to the child, child or adolescent, the person holding the Office of the Attorney General of the Republic shall issue and notify the decision authorizing the adoption, within thirty days after the decision of the Committee
Certification Delivery
Art. 94.- Concluded the administrative procedure with the authorization of adoption, the OPA at the time of the notification, will deliver the certification of the same to the person or persons requesting, their proxies or proxies or to the defender or defender family, which must be filed with the application for adoption in court within a period of fifteen days, counted from the day following its delivery.
SECTION THIRD PROCEDURE FOR THE CASE OF ADOPTION INTERNATIONAL
International Adoption
Art. 95.- adoption shall take place within the framework of the principle of subsidiarity contained in Article 3 (d). Applicants must be citizens or have habitual residence in some of the States which have ratified the Convention on the Protection of the Child and Cooperation on International Adoption, or International Treaties. bilateral or multilateral subject matter.
Request
Art. 96.- The application for international adoption must be filed in the AOPA or in the Auxiliary Attorneys in written form by means of proxy or proxy specially empowered or authorized to do so, annexing the corresponding documentation.
legal Rating
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Art. 97.- application for adoption shall be made, within a period of 15 days, of the legal status of its content and of the documentation submitted for the purpose of determining whether it meets the relevant requirements for its admissibility, Otherwise, the proxy or the proxy of the adopters shall be prevented to remedy the errors or omissions within thirty working days of the resolution. If prevention is not remedied, it will be declared inadmissible, with the exception of the right to submit it again.
Rating of Technical Studies
Art. 98.- Admitted the application shall be directed to the multidisciplinary team assigned to the OPA the verification of compliance with the requirements established for the social and psychological technical studies, referring the results to the person The Executive Directorate of the OPA, within three working days of the notification of the order.
If the studies present errors or omissions, the corresponding sub-healing or extension shall be ordered. be evacuated within thirty working days. If it is not remedied, the order of admission of the application will be revoked and the proceedings will be returned to the person concerned, with the exception of the right to submit it again.
Meeting of the Committee for the Selection and Allocation of Families Adoptives
Art. 99.- Agreed upon the declaration of the ability of the family to adopt, this will become part of the Single Register, and in due course the file will pass to the knowledge of the Committee of Selection and Assignment, the one that will select the family that better ensure the integral development of the child, child or adolescent subject to the adoption procedure. This allocation agreement shall be taken within 60 days after the notification of the declaratory of adoptability referred by the Specialized Court of Childhood and Adolescence, which shall be recorded in the minutes.
Report and Receipt Status Compliance
Art. 100.- family, the OPA shall forward to the central authority of the State of receipt within five working days, report on the identity of the child, child or adolescent, their adoptability, social environment, personal evolution and family, medical history and that of their biological family, as well as their particular needs in compliance with Article 16, number 1 (a) of the Convention on the Protection of the Child and Cooperation on International Adoption.
It will also be noted that the central authority of the State of origin has ensured that it has the conditions of education of the girl, child or adolescent, as well as their ethnic, religious and cultural origin; and that the consent, assent and right to have an opinion and to be heard according to the case, has been obtained with the required formalities by the Law, and consequently such assignment obeys the best interest of the child, child or adolescent.
From the previous report the family requesting the adoption must express their agreement in relation to the child, child or adolescent to whom was assigned. The central authority of the receiving State shall approve such a decision if its domestic law so requires, and shall inform the central authority of the State of origin in accordance with Article 17 of the Convention expressed.
Authorization for Adoption
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Art. 101.- Received acceptance agreements for the assignment of the prospective parents or adoptive mothers and to continue with the adoption procedure; having found that the person subject to adoption has been or will be authorized to enter and permanently reside in the State of receipt, with the filing of the respective documents, the person holding the Office of the Attorney General of the Republic shall issue a resolution authorizing the adoption, within forty-five days after to the receipt of that documentation.
Certification Delivery
Art. 102.- The administrative procedure with the authorization of adoption has been completed, in the act of notification the OPA will deliver to the person responsible of the applicants the respective certification, the application must be submitted within the deadline set in article 107 of this Law.
Certification Expedition
Art. 103.- Once the certification of the judgment that decrees the adoption, the person holding the Office of the Attorney General of the Republic within the five-day period, must be issued by the competent Judge or Judge at the AOPA of the Judge or Judge. certification of adoption for the purposes of Article 23 of the Convention on the Protection of the Child and International Adoption Cooperation.
CHAPTER IV DECREE FOR THE ADOPTION OF GIRLS, BOYS AND ADOLESCENTS,
AND OLDER PEOPLE AT JUDICIAL HEADQUARTERS
Judge or Judge Competent
Art. 104.- The Judge or Specialized Judge of Children and Adolescents who declared the adoptability of the child, child or adolescent, shall be the competent authority to decree or not to adopt the adoption.
Application for Adoption
Art. 105.- The application for adoption must comply with the requirements of Article 42 of the Family Law, and will be presented with the certification of the resolution that authorized the adoption extended by the Attorney General's Office.
Once the application, the Judge or the Specialized Judge of Childhood and Adolescence has been filed, you must require the OPA, the referral of the original administrative file, in which it must be stated as appropriate, at least the following documents:
a) Certification of resolution authorizing adoption;
b) Certification of the resolution of the declaratory of adoptability of the child, child or adolescent;
c) Certification of the birth certificates of the child, child or adolescent subject of
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adoption, of the applicant or its child and child;
d) Certification of the marriage of the applicants, or where applicable, certification of the declaration of declaration of quality of living conditions;
e) Certification of the death of the mother or biological father;
f) The studies social and psychological technicians with their respective report, practiced in the OPA to the people applicants or, where appropriate, certification of the verification opinion of such studies when they were submitted by the adopters or their proxy or proxy;
g) Certification of the duly marginalized birth certificate of birth the biological mother or father who has been declared incapable;
h) Certification of the judicial approval of the accounts of the guardian or guardian's administration, and of the payment that has resulted against them, if any;
i) Inventory of the property of the person subject to adoption or lack thereof in the event of the child, child or adolescent under guardianship;
j) Certification of the edicts referred to in Article 30 of this Law; and,
k) Acts of consent for the adoption granted by the biological mother or father or in their case by any of them; Consent of the spouse or legal representatives in the case of a mother or biological child under age; and the opinion of the person adopted as appropriate.
Additional Requirements
Art. 106.- If the applicants are foreigners or Salvadorans with habitual residence outside the country, the administrative file must also contain the following documents:
a) Certification issued by the Public Institution or State of Protection of Children or the Family, officially authorized, where it is established that the applicants meet the conditions required to adopt by the Law of the country of their habitual residence and the commitment to carry out the monitoring of the situation of the child, child or adolescent in that country; and,
b) Technical studies
In case of exceptional complexity or when the Judge or Judge will need to complete or verify information, you may prevent the parties from submitting or clarifying the relevant information within a period of no more than thirty days.
Statement Hearing Request and Pointing Admission
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Art. 107.- Received the application with its annexes and the administrative file, if it meets the requirements of Law, will be admitted and the Judge or Specialized Judge of Ninevez and the competent Adolescence will point out day and time to carry out the hearing of the judgment, which must be held within 15 days of the application being admitted, ordering at least five working days in advance the citations of the adopters and their proxies or proxies. Adopters will be required to personally appear for that hearing.
Ratification of Consent, Consent or Opinion
Art. 108.- The competent Judge or Judge shall cite at least three working days in advance of the persons who have granted the consent for the adoption, the assent or the opinion, or to their proxy or proxy for the purpose of ratify them in a sentencing hearing, as appropriate. If they do not appear or cannot be located, they shall be taken into consideration to decree the adoption, the ones granted in administrative headquarters.
In the case of the person who holds the Office of the Attorney General of the Republic or its delegate or delegated, consent must be ratified by the said hearing.
Disappearance on Judicial Headquarters
Art. 109.- In any state of the adoption process at judicial headquarters, and until before the final judgment, the or the adopters may desist from their claim to adopt.
The person taking over the or the adopters, not You can desist if you are not especially entitled to do so.
Adoption Decree
Art. 110.- The Judge or Judge competent at the sentencing hearing shall appraise the documentation submitted with the application, together with the other elements of judgment discharged at that hearing, and where the adoption is appropriate, and The respective statement will be executed, will comply with the provisions of article 118 of this Law.
Resource
Art. 111.- The judgment that decrees the adoption or its refusal shall be appable in accordance with the Family Processing Act.
Constitution and Irrevocability
Art. 112.- The adoption is constituted since the judgment is signed that the decree, which is irrevocable.
The above is without prejudice to the nullity to which there is a place.
Personal Appearance
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Art. 113.- The applicants must be in person for the hearing to give the family allowance to the adopted child, child or teenager. They will also be required to appear in this form for an interview with the specialists attached to the court if the Judge or Judge considers it appropriate.
Statement Content
Art. 114.- The judgment must contain the data necessary for the registration of the person's birth certificate adopted in the Family State Register.
Conversion
Art. 115.- The adoption shall be carried out as a diligence of voluntary jurisdiction in accordance with the provisions of this Law and the Family Law, and in the event of a conflict, the procedure shall be adapted to that of the family process.
Adoption of the Child or Child of Spouse
Art. 116.- The adoption of the daughter or child of one of the spouses or cohabitants shall be requested by both of them by annexing as the case may be:
a) Testimony of matrix writing or certification of the act granted in the OPA, in which the mother or biological father of the child, child or adolescent subject of adoption has granted consent for adoption;
b) Certification of the birth certificate of the child, child or adolescent subject of adoption with the marginalization of loss of parental authority of your mother or father; and,
c) Certification of birth from birth with the marginalization of declaratory of his or her mother's or father's inability; or of the edicts referred to in Article 30 of this Law in his case.
Adoption of Older Person
Art. 117.- The application for the adoption of older persons shall comply with the requirements laid down in Article 42 of the Family Law, which shall include at least the following documents:
a) Certification of the (b) Certification of the birth certificates of persons subject to adoption.
If the required requirements are met, the judgment hearing shall be set at the time of the date of the birth of the person or the person concerned.
shall carry out within 30 days after the admission of the application, in which it is The adoption will be enacted.
There will be a prevention of the five working days for the adoption to be remedied,
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and once supported will proceed as set forth in the previous paragraph.
CHAPTER V ACTS AFTER ADOPTION DECREE
Assigning the Family to the Adopted Person
Art. 118.- adoption of the judgment which decrees the adoption, the adopter person shall personally appear to the hearing indicating the competent Judge or Judge within the following 15 working days for the physical assignment of the family to the person adopted. The Judge or Judge will explain to you the rights and obligations that you are entitled to as a person.
In the joint adoption, both spouses must appear for the receipt of the child, child or adolescent.
Enrollment of the Adoption
Art. 119.- decision, the Judge or the competent Judge shall send a certified copy to the official of the State Registry of the habitual residence of the adopted person, in order to settle a new birth in the corresponding book.
The text of the new item will be the ordinarily used and in it will not mention the links of the adopted person with their consanguineous parents.
Also, it will transmit certified copy to the Registry of the Family status where the original birth certificate of the person adopted for his/her cancellation and marginalisation.
In the respective cancellation, the reasons for the cancellation will not be expressed, but a reserved register will be kept in which the reasons are stated. From the cancelled departure and reserved registration seats, no certifications will be issued, except for a judicial mandate.
Presentation of the Birth of the Adopted Person
Art. 120.- Asit the new birth certificate of the adopted person, the mothers or parents adopters or their proxy or proxy must present certification of the same in the OPA in order to carry out the post-adoption follow-up and timely file of the case.
National Adoption Post Adoption
Art. 121.- Once the national adoption is enacted, the OPA will follow up the situation of the child, child or adolescent adopted to verify the full incorporation of the child into her new family environment. This monitoring will be carried out every four months and for a period of three years, with registration of the same. The number of visits for such monitoring may be extended when deemed relevant by that Office.
In the case of adoption of a given child, child or teenager who has lived together with the
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adopters for a period of one or more years prior to adoption, this post-adoption follow-up will be done in half-yearly and for a period of two years, with registration of the same.
International Adoption of Adoption of International Adoption
Art. 122.- Once the international adoption has been enacted, the OPA shall follow through the central authority or body accredited to the situation of the person adopted within the adopted family to verify the full incorporation of the the same in their new family environment.
This follow-up will be carried out every four months and for a period of three years, and must be recorded; for which the central authority or body accredited the report will be required respective.
Warning to Competent Authorities
Art. 123.- If in the post-adoption follow-up, it is determined that the child, child or adolescent has been threatened or violated in their rights, the OPA will do so of the knowledge of the competent authorities for the relevant effects, authorities act immediately.
TITLE V SANCTIONING REGIME AND FINAL PROVISIONS
CHAPTER I SANCTIONING REGIME
Sanction for Infringement By Party or Competent Officials
Art. 124.- For non-compliance with the time limits laid down in the administrative and judicial procedures for adoption, the responsible authority shall be sanctioned with a fine equivalent to ten minimum wages in force in the trade and services sector.
For each new delay in meeting the deadlines provided for in this Law, the responsible authority will be sanctioned with a fine equivalent to twenty minimum wages in force in the trade and services sector.
responsible authority shall not comply with the time limits of the administrative procedure imposed by the Specialized Court of Childhood and Adolescence; and in the event that the non-compliance is with the Specialized Court of Childhood and Adolescence, the fine will be imposed by the respective Chamber.
The above without prejudice to other responsibilities in which the authority is liable to commit the offence.
In any case, the Judge or Judge, Magistrate or Magistrate as appropriate, shall send the requested authority within three days to the ensure your right of hearing, and value
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the arguments put forward about the failure to comply with the deadline to impose the appropriate fine, without prejudice to the resources to be taken.
From the Imposition of the Fines
Art. 125.- The corresponding fines will be imposed at the request of either party or office at the end of each adoption process.
Compensation for Adoption of License by Adoption
Art. 126.- The employed person who fails to grant a licence for adoption must compensate the working person who has had such a licence with the equivalent of ten times the salary which he has paid, without prejudice to the other
compensation referred to in this article shall be imposed by the Judge or Judge who has met the proceedings for adoption and shall be paid to the working person who was not entitled to it, in a period not exceeding 15 days of the order issued by the order.
Responsibility for Issuing Certifications to Unauthorized Persons
Art. 127.- In case a person would issue certifications of any of the own files of adoption proceedings to unauthorised persons, it shall be subject to the administrative and criminal penalties to which it has taken place.
CHAPTER II FINAL PROVISIONS
Plashes
Art. 128.- The time limits laid down in this Law for procedures in administrative and judicial offices shall be counted in days, except that it is indicated that these are business days, and shall begin to run from the day following the notification
those cases in which no time limit has been set for the actions of the public officials in this Law, the time limit for the actions of the public officials in this Law will be. observe is seven business days.
Reservation
Art. 129.- The documents and administrative or judicial proceedings of the measures of adoption shall be reserved. Certification of the same can only be issued at the request of the adopters, the adopted person and their proxy or proxy specially empowered to do so.
Custodian and Custody of Expedents
Art. 130.- The actions and administrative or judicial actions of the adoption will be
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protected and guarded by the institutions that participated in the same, in order to preserve information on the origins of the adopted person, the identity of his mother or father, as well as his or her medical history and family of origin. Certificates shall not be issued for any such purpose, except for persons entered in the previous Article. In the event that an official or official issues certifications to unauthorized persons, it shall be sanctioned in accordance with Article 127 of this Law.
Formalities
Art. 131.- The proceedings of adoption initiated prior to the validity of this Law shall continue to be carried out until their conclusion, in accordance with the laws with which they were promoted, unless it is more favourable to the application of this Law.
On Declared Coexistence
Art. 132.- For the purposes of this Law, the term referred to in Article 127 of the Family Processing Law shall be understood as stated.
Substitute Application
Art. 133.- In all that is not expressly regulated in this Law, the provisions of the International Treaties shall be applied in an additional manner; and provided that they do not object to the nature and purpose of this Law, the Family Code, Family Procedure, Law of Integral Protection of Children and Adolescence, Code of Civil and Commercial Processing and other Laws.
Obligation of Collaboration
Art. 134.- Public and private institutions are under the obligation to provide collaboration and support to the OPA and the competent courts in matters pertaining to the procedures of adoptions.
Allocation of Resources. Transient Provision
Art. 135.- For the implementation of this Law, the OPA, through the Office of the Attorney General of the Republic, will include in its institutional budget the necessary resources, which must be approved in the next General Budget of the Nation.
The Supreme Court will also have to include in its budget the funds that are necessary for the creation of new Specialized Courts of Children and Adolescents, which are indispensable to guarantee the provision of these funds. justice services, which will be determined on the basis of a diagnosis that accredits such a situation.
Girls, Children and Adolescents Report with Protective Measures
Art. 136.- At the time of the entry into force of this Law, the judicial authority that has issued a judicial measure of protection in favor of a child, child or adolescent, shall inform the Attorney General's Office within the time limit of the 15 days, the legal status of those and those, in order to meet the requirements for the declaration of adoptability, as appropriate
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to this Law.
Public, private and mixed childhood and adolescent care centers, have the same obligation established in the previous paragraph, in relation to the girls, boys and adolescents who are under their care.
The Office of the Attorney General of the Republic shall forward to the OPA no later than the third day of created the Single Register of Adoptions of Girls, Children and Adolescents, and persons fit for the adoption, reports received.
Derogatory
Art. 137.- Deroganse the articles from 165 to 185 of Chapter III, Title I, of the Second Book of the Family Code; as well as the other provisions that would be contrary to this Law.
Vigencia
Art. 138.- This Law shall enter into force one hundred days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, at the seventeenth day of February of the year two thousand sixteen.
LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.
JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
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ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
NOTE:
In compliance with the provisions of Art. 97, third indent of the Rules of Procedure of this State Authority, it is stated that this Decree was returned with observations by the President of the Republic, 9 March of the year 2016, having been partially accepted by the Legislative Assembly, in Plenary Session dated September 1, 2016; all in accordance with Art. 137 third paragraph of the Constitution of the Republic.
DEPUTY DAVID ERNESTO REYES MOLINA MANAGING SECRETARY
D. O. N ° 205 Tomo N ° 413 Date: 4 November 2016.
NGC/GM 16-12-2016
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