Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-especial-de-adopciones/archivo_documento_legislativo
1 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 Salvadoran society, permanent social institution, so the conservation of this is important for the growth and development of all, child or adolescent. Likewise, 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.-that the constitutional rules in the same way in article 36 States that children born inside or outside marriage and the adoptive, have equal rights towards their parents by adoption process what to regulate through a special law.
III.-that the State of El Salvador has ratified the Convention on the rights of the child and the Convention on the protection of children and cooperation in respect of intercountry adoption, so it is necessary to create a special law which meets and develops the principles and objectives of the doctrine of integral protection, to give primacy to the interests of girls children and adolescents against any other.
IV.-that the State of El Salvador in care to children and adolescents, has enrumbado its efforts by applying principles of the doctrine of integral protection, so it is necessary to create a legal system that has an objective to give primacy to the interests of the child, child and adolescent favoring it with measures that allow you to keep it in your family of origin , or joining a preferably national family, when it lacks it.
Therefore, use of his constitutional powers and at the initiative of the Member of the 2000-2003 term: Blanca Flor America Bonilla; of the members of the legislature 2006-2009: Emma Julia Fabian Hernandez, Argentina Garcia Ventura and Gloribel Ortez; members of the 2009-2012 term: Miguel Elías Ahues Karrá, Melvin Bonilla, José Rinaldo Garzona Villeda, José Nelson saved Menjivar and Mauricio Rodríguez; Members and the members of the legislature 2012-2015: Marta Lorena Araujo, Carmen Elena Figueroa Rodríguez, Alba Elizabeth Márquez and Oscar Ernesto Novoa Ayala; and of the deputies and them members of the current legislature 2015-2018: Lucía of the Carmen Ayala of Leon, Susy Lisseth Bonilla flowers, 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 members and members: Jose Serafin Orantes Rodriguez, Santiago Flores Alfaro, Guillermo Francisco Mata Bennett, David Ernesto Reyes Molina, Jackeline Noemi Rivera Avalos, Jorge Alberto Escobar Bernal, Gustavo Danilo Acosta Martínez, Damian Alegria, Rolando Alvarenga Argueta, Dina Yamileth Argueta Avelar, Rodrigo Avila Avilés, 2 Ana Lucía Baires de Martínez, Rosa Armida Barrera and Luis Alberto Batres Garay , Marta Evelyn Batres Araujo, Roger Alberto Blandino Nerio, Yohalmo Edmundo Cabrera Chacon, Jose Anibal Calderon Garrido, Norma Cristina Cornejo Amaya, Valentin Aristides Corpeño, Felissa Guadalupe crystals Miranda, rose Alma Cruz sailor, Rene Alfredo Portillo Cuadra, Raul Omar Cuellar, Rene Gustavo Escalante Zelaya, Jose Edgar Escolán Batarse, Julio César Fabian Perez, Juan Manuel de Jesus Flores Cornejo, Jorge Adalberto Joshua Godoy Cardoza , Ricardo Ernesto Godoy Peñate, Mary Elizabeth Gomez Pearl, Norma Ramirios, Estela Guevara Fidelia Yanet Hernandez Rodriguez, Karla Elena Hernandez Molina, Maytee Gabriela Iraheta Escalante, Ana Mercedes Larrave de Ayala and Mauricio Roberto Linares Audelia Guadalupe López de Kleutgens, Cristina Esmeralda López, Margarita López Quintana hydrangeas, Samuel de Jesus Lopez Hernandez, Rolando Mata sources, Misael Mejia Mejia, Jose Santos Melara Yanes , Julio Cesar Miranda Quezada, Jose Mario Mirasol crystals, Jose Alfredo voyeur Ruiz, Luis Ernesto Muyshondt García Prieto, Silvia Estela Ostorga de Escobar, Lisseth Arely Palma Figueroa, Jose Javier Palomo Nieto, Rodolfo Antonio Parker Soto, Mario Antonio Ponce Lopez, Zoila Beatriz jaw Solis, Nelson de Jesus Quintanilla Gómez, Carlos Armando Reyes Ramos, Francisco José Rivera Chacon, Sonia Margarita Rodriguez Sigüenza, Alberto Armando Romero Rodriguez , Marcos Francisco Salazar Umaña, Jaime Orlando Sandoval, Carlos Alfonso Tejada Ponce, Carlos Alberto Garcia Ruiz, Patricia Elena Valdivieso of Gallardo, Juan Alberto Valiente Alvarez, Mauricio Ernesto Vargas Valdez, Ricardo Andres Velasquez Parker, John Tennant Wright Sun and Carlos Mario Zambrano fields.
DECREES, as follows: Act special adoptions title I LAS General information chapter unique object of the law article 1.-the present law aims regulating the adoption as an institution that guarantees the right and the best interests of the children and adolescents to live and develop in the bosom of a family, ensuring their well-being and integral development; as well as the right of elderly persons who, according to this law, may be subject of adoption.
It also regulates the administrative and judicial procedures for the adoption of children and adolescents, as well as the judicial procedure in the case of adoption of elderly.
Definition of adoption article 2.-the adoption is a legal institution of Social interest that confers a bond of filiation as definitive and irrevocable, which aims to provide, the child or adolescent as the elderly person family, unlinking to all of your family of origin legal effect by judicial resolution.
3 guiding principles article 3.-the present law shall be governed by the following principles: to) best interests principle: refers to best interests of the girl child, child or adolescent as regulated in the law on protection of children and adolescents every situation that promotes their integral development, in order to achieve the full and harmonious development of their personality; and consequently the organs of Government, governmental institutions, governmental and administrative authorities, must not in any measure or action relative to girls, children or adolescents, having as primary consideration their best interests;
(b) principle of the primary and fundamental of the family role: is, as regulated in the law on protection of children and adolescents, in recognition of the family as the natural environment to ensure the protection of children and adolescents, and its role as primary and predominant in the education and training of the same;
(c) principle of subsidiarity of the national adoption: is providing option as an adoptive family, when the family of origin is missing or unknown whereabouts, fails to comply with or improperly exercising the duties deriving from the parental authority, prior accreditation of the exhaustion of family strengthening protection measures laid down in the applicable law;
(d) principle of subsidiarity of international adoption: consists of offer as an option a Salvadoran resident abroad, or foreign adoptive family provided have been exhausted the possibilities of integration a national family; considering its relevance in compliance with the principle of the best interests. Requests for adoption of the Salvadoran people will have priority over those of the foreign person;
(e) principle of imitation of the nature: consists in generate a link of affiliation between the person adopter and the person adopted, including them limitations and their differences natural. with regard to the age of them members of a family; and, f) principle of international cooperation: consists of the mutual cooperation between the central authorities of each State, on the basis of international conventions on the matter; such cooperation will be to enforce through the establishment of bilateral agreements.
Interpretation and application article 4.-for the interpretation and application of this law, shall be given primary attention compliance with the guiding principles set out therein, to the effect of ensuring in administrative and judicial decisions, the exercise of the rights and guarantees of children and adolescents protection.
4 Declaration of adoptability article 5.-the judge or judge specializing in childhood and adolescence is the officer or the competent official to declare the adoptability of the child, child or adolescent, prior approval referred to in article 7 of this law.
Declaration of fitness to adopt article 6.-the Director or Executive Director of the Office for adoptions, is the officer or the competent official to declare the ability of people to adopt, jointly or individually.
Approval of the procedure administrative article 7.-the Attorney General or Solicitor General of the Republic is the officer or the officer authorized to approve during the administrative procedure.
Decree of adoption article 8.-the judge or judge specializing in childhood and adolescence that declared the adoptability of the child, child or adolescent, is competent to enact its adoption.
Family judge or the judge is competent to enact the adoption of persons of legal age.
Guarantor adoption article 9.-to ensure the best interests of the child, child or adolescent and the respect of their rights, in proceedings for adoption will include the Attorney General of the Republic, the Board Office for adoptions, the National Council of childhood and adolescence - hereinafter CONNA-, the specialized courts for children and adolescents and the family courts , without prejudice to the powers of constitutional of the Attorney or solicitor for the defence of human rights.
Filiation adoptive article 10.-is the bond of family, which is established as a result of the adoption, the adoptive mother or father person, and the person adopted daughter or son.
Joint or Individual article 11.-the adoption adoption can be together or individually. Joint adoption may only be requested by non-separated spouses and couples made up of a man and a woman so born and judicially declared cohabitants.
The Individual adoption may be requested by any person with ability to adopt, regardless of their family status.
National adoption or international 5 article 12.-adoption national is the promoted by people whose usual residence is the Salvadoran territory and that they intend to adopt a girl, child, teenager or adult residing in the same person.
International adoption is the promoted by Salvadoran or foreign people whose usual residence is located in a Contracting State and seek to the adoption of a child, child or teenager who has his habitual residence in the country and should be moved outside the national territory.
Irregularities and improper practices in the procedure of adoption article 13.-the competent institutions shall ensure that no particular person, employee, or official committing irregularities or make unfair practice in the adoption procedure or get benefits of any nature as a result of the same.
Employees and officials of adoption guarantee institutions must submit an affidavit of its heritage status, regardless of the date of its entry into the institution in laborasen, before the section of integrity of the Supreme Court of Justice; Similarly, to cease in his position.
To have signs of the situations provided for in subsection first, Office for adoptions, which, for the purposes of this Act, OPA, you can abbreviate shall stay the proceedings of adoption by a motivated resolution giving notice immediately to the Office of the Attorney-General. In any case, notice shall be given to the boards of protection of children and adolescents and other relevant institutions.
Effects of the adoption article 14.-the effects of adoption are: a) the adopted person becomes part of the family of the or the adoptive parents, as a daughter or son, gain going the rights, duties and obligations as such they correspond, and adoptive persons acquire full parental authority;
(b) the adoption puts an end to parental authority or guardianship to which, the child or adolescent is subject or subject, unlinking to all legal purposes in full of your family of origin, which already do not correspond you rights, duties and obligations except the case of the adoption of the daughter and son of the spouse; being applicable to matrimonial impediments by reason of kinship set the family code;
(c) enacted the international adoption, it will be recognized void in the other Contracting States of the Convention relative to the protection of children and cooperation in respect of intercountry adoption;
(d) firm ruling which decreed the adoption this becomes irrevocable; (and e) the adopted person acquires the nationality of the adoptive persons without that lost 6 the nationality of origin.
Right to know their origin article 15.-the adopted person has the right to know who are the biological mother or father. This right is inalienable and imprescriptible.
The competent authorities must ensure the conservation of information concerning the origin, ensuring access and proper advice on the same to the adopted person or its representative.
Name of the person adopted article 16.-in the case of joint adoption, the adopted person will take the first surname of the father followed by the surname of the mother; and in the case of the individual adoption, it will take the surname of the adoptive person.
In the case of the adoption of the daughter or son of the spouse or cohabitant, the adopted person used as a first name, the first of the adoptive father or father blood, and as a second surname, the first consanguineous or adoptive mother.
Adoptive persons may decide to match the surname to that of the other daughters or sons, taking into account the opinion of the child, child or adolescent adopted.
Change of the name own of the person adopted article 17.-in headquarters judicial may enact is the change of the name own of the person adopted, when this is of your interest.
In the case of adoption of children, children or adolescents will take into account his opinion.
License by adoption article 18.-the adopting individual persons shall enjoy paid adoption leave, for sixteen uninterrupted weeks starting from the physical allocation of the family the adopted person, whenever it is under twelve years of age. If the adopted person is more than twelve years of age, it will be the judge or competent judge, who will determine the suitability of the enjoyment of the license, taking into consideration the conditions or particulars of adopted adolescents.
In the case of joint adoption spouses or cohabitants will determine who of them he shall enjoy paid leave.
The provisions in the preceding subparagraphs effect when living with the girl or boy has lasted more than one year.
The employer is obliged to comply to this article and its non-application will give rise to the penalties laid down in title V, chapter one, concerning the sanctioning regime of this law.
7 of the existence of other daughters and sons, and several adoptions Art. 19.-not opposed to the adoption that the applicants have daughters and sons, nor cease its effects because they may come upon them or recognize them.
A person may request that they will enact several adoptions through separate and successive proceedings, not being able to start new procedures, while there is no firm in the previous ruling, and girls, children and adolescents have a least one year age difference between one and the other. However, when it is intended to adopt two or more sisters or brothers, they should not be separated and adoptions will be processed in a single procedure.
Prohibition in article 20.-it is forbidden the adoption between brothers and sisters.
Nullity art. 21.-is null which is decreed: to) without consent, assent and the right to speak and be heard from any persons to those concerned to grant them in accordance to this law;
(b) mediating force or fraud;
(c) in the case of non-observance of the minimum age to adopt;
(d) when the adoptive person exceeds forty five years the age of the adopted person, with the exception of the provisions of the third paragraph of article 42 of this law, in which case, may not exceed fifty years; (and e) in the case of non-compliance with the prohibition of the adoption of, child or adolescent determined and sisters or brothers.
Concerning the nullity of the proceedings it shall apply provisions of the code of Civil and commercial procedure.
Result of other offences article 22.-the violations of legal norms not sanctioned with invalidity in the present law, does not void the adoption; but the responsible authority who are you attributable or under his responsibility were committed, shall incur the penalties laid down in the laws.
Title II the subjects chapter I 8 of the people subject of adoption of girls, boys and adolescents subject to adoption article 23.-Podran to be subjects of adopting the girls, boys and adolescents whose adoptability has been declared by the judge or judge specializing in children and adolescents, in the following cases: to) those of unknown filiation;
(b) girls, children and adolescents who lack mother and father, found abandoned by both or whose whereabouts be ignored;
(c) those who are under the personal care of its progenitor, parents or other relatives, provided that there are reasonable grounds justified and convenience for the person adopted, qualified judge or judge specializing in children and adolescents;
(d) the daughters or sons of one of the spouses or cohabitants declared;
(e) those whose mother or father have been declared unable to legally by the cause of chronic and incurable mental illness even if there are lucid intervals; and, f) sister or brother who has been declared their adoptability.
All, child or adolescent who is in a situation of lack of protection physical and emotional, that may affect their overall development by action or omission by parents and relatives is considered abandoned. For the settlement of the situation of abandonment, must register the efforts made to locate his family, as well as the measures of Integral Protection System.
Adoption of people older of age article 24-Podran be adopted the elderly age, whose adoptability has been decreed by the judge or the judge's family, where there is consent of both parties and among them there are emotional ties similar to those who join the daughters and sons with mothers and fathers.
Single registry of adoptions of children, children and adolescents; and people suitable for adoption
Article 25.-creates the single register of adoptions of children and adolescents, and persons for adoption, which will be under the responsibility of the Office for adoptions and must be permanently updated with the resolutions that declared finished the general protection process, judgments of adoptability of the judges or judges specializing in childhood and adolescence that they speak out and reports to the Office for adoptions must be issued in accordance to the This law, which will be provided every three months and shall contain the details of girls, boys and adolescents suitable for adoption.
Likewise, wear a single register of individual persons, spouses or cohabitants 9 declared, qualified as suitable for adoption.
The information referred to in the preceding subparagraphs shall be considered confidential and they may only access it in the exercise of their duties laid down in this law, the Office for adoptions, the specialized courts of childhood and adolescence and the public prosecutor's Office.
Article 26.-all special prohibition, child or adolescent whose adoptability has been declared, will not leave the national territory without that the adoption has been decreed by judge or judge specializing in children and adolescents competent, except in extreme emergency situation for reasons of health of the adopted person, exclusive permission from the same judge or competent court to declare the adoptability.
Exceptionally the judge or competent court estimate other circumstances to issue the authorization referred to in the preceding paragraph.
Prohibition of child adoption, child or teenager given article 27.-it is prohibited the adoption of, child or adolescent determined, except in the following cases: to) when there has been coexistence or affection tested with the seekers; and, b) where there is a bond of kinship between the applicants and the adopted person.
In all cases, it will require Declaration of fitness to adopt the adopters people, and the Declaration of adoptability of the child, child or adolescent; However, in the first of those cases, will be required also the research of the origin lawful of the coexistence or affection.
Means that there is coexistence or affection between the people adopting and the adopted person when they have made life in common for more than one year in a continuous and uninterrupted as a family within a stable home, before initiating the procedure for adopting.
Adoption of sisters or brothers art. 28.-If any sisters or brothers who may be subjects of adoption, they must not be separated, except when such adoption see harmed the interests of the child, child or adolescent.
Adoption of girls, children and adolescents with disabilities article 29.-the Office for adoptions must pay special attention to cases of children and adolescents with disabilities; ensuring that they are also adopted and adopted by a family that secure them their rights and interests.
10 chapter II consent, assent and right to speak and be heard consent and assent Article 30.-for the adoption of a child, child or adolescent is required the consent of the parent under which parental authority finds, having previously received advice and the proper information of the consequences of their consent, in particular as regards the breakdown of the legal link between the girl child or teenager, and his biological family.
The same apply when parental authority is exercised by the mother or father of minor, whose consent must be provided by it or, with the consent of their legal representative or failing with the authorization of the holder person of the Attorney General of the Republic.
The consent must lend it the Prosecutor or of the Attorney General as regards the adoption of persons under guardianship, girls, children, or adolescents who lack mother and father, the unknown parentage, who for legal reasons have left the parental authority, those whose mother or father have been declared legally incapable, or whose whereabouts are unknown.
In any case, the faculty to be delegated except the holder person of the Attorney General of the Republic, who may do so by means of auxiliary specially delegated for this purpose.
For the purposes of this Act and for the establishment of the abandonment of the girl child, child or teenager as a ground for the loss of parental authority, as referred to in article 240 of the family code, means that the whereabouts of the mother and father of the person in the process of adoption is unknown, when having been cited by the Attorney General of the Republic through edicts issued by two occasions with interval of fifteen working days in a newspaper of wide circulation, these do not arise; and previous reports on the ignorance of his whereabouts received from the Attorney General of the Republic, National Civil Police, Directorate-General for migration and aliens, General Directorate of penal centres, national registry of natural persons and Legal Medicine Institute, within a period not exceeding fifteen working days of your request. In the last publication of the edict, must prevent the mother or father whose whereabouts is unknown, is present within fifteen days following the same to exercise their right, and if it does not make it, will you be appointed Defender.
Finished the procedure of the previous section, the Office of the Attorney-General can claim abandonment without justifiable cause of, the child or adolescent, and must immediately begin the process of loss of parental authority.
Consent after the birth and ratification article 31.-the consent of the mother and the father must grant personally after the birth of the girl or boy and once in the Office for adoptions, ratifying it in court. Ratification may be carried out by means of representative or proxy.
11 the granting of the consent of the mother during the administrative process, will require the submission of psychological opinion certifying that the emotional and mental state of the same, which shall be done by the team determined by the Office for adoptions, listing required the surveillance Board of the profession in psychology from El Salvador.
The ratification of the consent referred to in the first paragraph, when the mother or the father, or both, have lost parental authority, they have been declared incapable or unknown whereabouts in the same terms of the preceding article, where appropriate, will be granted by the titular person of the Office of the Attorney-General or by an auxiliary specially designated by such holder.
Consent of the spouse or cohabitant article 32.-the person married individual applicant or partner, you need the consent of their spouse or partner to adopt a child, child or teenager, having been previously advised and informed of the consequences of the adoption by the Committee of selection and placement of adoptive families.
In the cases of the preceding paragraph, the other spouse or cohabitant may subsequently adopt, the child or adolescent, if it meets the requirements set out in this law, case in which the adoption shall have all the effects of joint adoption.
The consent is not necessary when that spouse or cohabitant has been declared incompetent, alleged, died when unknown whereabouts in the terms established in article 30 of this law, or when they have more than one year living in separate absolutely.
Right to speak and be heard the girl, child or adolescent subject of adoption article 33.-the girl, child or teenager, will issue his opinion or consent on adoption in accordance with methods appropriate to their age and development, being taken into account by the respective judge or judge. It shall be verified that it has been awarded freely, leaving for consistency purpose in writing; of equal way, is you must advise and inform of them consequences of it adoption and of your opinion with with regard to the same.
In the case of girls, children and adolescents with disabilities, previous qualification by the respective judge, or judge must be heard and express their opinion or consent with methods appropriate to their situation of disability.
Firm once the resolution that decrees the adoption, the consent shall be irrevocable and the view expressed by, the child or adolescent may not be modified.
The right to speak and be heard of the daughters and sons of the people adopters article 34.-in the event of adoptive persons have other daughters or sons, they should express their opinion at the administrative according to the criteria laid down in the preceding articles, and if judge or judge so requires, also must express it in court in order to be valued in the best interests of the adopted person.
12. in the case of international adoption, according to the criteria laid down in the above provisions, the exercise of the right provided must consist in technical studies abroad for their respective Evaluation Office for adoptions, which must be supported by a document certified by the competent authority in the field of adoptions of the State of reception or bodies accredited by the same.
Forms giving consent, consent and the right to have a say and be heard in the Office for adoptions article 35.-La Office for adoptions will ensure that persons whose consent or assent is required for adoption, have been duly advised and informed of the consequences and they will be awarded in the form personal, free, leaving evidence in writing and without undue benefits; the same shall apply when, the child or adolescent, exercise their right to speak, be heard and consent or not, during the process.
In the case of the spouse or partner who is residing outside the country, assent may be granted in writing.
Prohibition of improper gain article 36.-the assent and consent required for the adoption may not be obtained in any case, by means of payment or benefit of any kind.
Persons who have knowledge of a benefit of any kind, must originate in accordance with the provisions of article 13 of this law.
Withdrawal article 37.-the mother or biological father and the girl, child or teenager who granted consent during the process, within the exercise of the right to speak and be heard, may retract up to before declare themselves firm resolution that decrees the adoption, for reasons justified and valued by the judge or judge, who shall within a period not exceeding fifteen working days quote the persons concerned to a special hearing to explain the reasons that motivate the withdrawal; then the judge or judge shall issue the resolution which based its decision on the best interests of children and adolescents.
Chapter III of the people ADOPTERS requirements General to the person adopter article 38.-to adopt is required: to) be legally capable;
(b) be greater than twenty-five years of age, except the spouses or cohabitants of age 13 having three years married or living together declared;
(c) own moral, psychological, social, economic conditions and health who show aptitude and willingness to assume the exercise of parental authority;
(d) not have been private or suspended from the exercise of the parental authority;
(e) not to be subjected to administrative or judicial against girls, children, or adolescents, processes as well as processes on domestic violence and gender-based violence or have been convicted of crimes against them;
(f) must not have been convicted for crimes against sexual freedom; and, g) not have felony criminal records.
Special requirements for people adoptive foreign or non-residents in the country article 39.-the foreign people or whose habitual residence will find outside the territory of the Republic, to adopt a child, child or teenager, shall meet the General requirements and the procedure laid down, check the following: to) that have at least three years of married or in declared coexistence When case of joint adoption;
(b) that it meet the personal requirements to adopt required by the law of his country of origin or residence;
(c) verify that a public or State institution of protection of childhood and adolescence or family in their country of residence, will ensure that the interest of the adopted person; and, (d) Declaration of suitability to adopt by the central authority of the country of residence.
Article 40.-social, psychological, and other studies that should be persons adopting legal foreign residents, if they are performed outside the Salvadoran territory, must be done by specialists from a State / public institution dedicated to ensuring the protection of children and adolescents, family or professionals whose opinions are approved by an entity of such a nature. All opinions must be supported by the central authority of the country of origin.
In any case such studies will be qualified by the Bureau for adoption during the administrative process.
Adoption by the tutor or guardian article 41.-the tutor or guardian may adopt its pupil or pupil whenever they have been approved 14 Court accounts of his administration and paid the balance that results against.
Difference in ages between the adoptive persons and the person adopted article 42.-the adoptive person must be at least fifteen years older than the adopted person and it may not exceed by more than forty five years of the same age; the joint adoption these differences will be established with respect to adoptive parents, the child or adolescent people.
The foregoing shall not prevent the adoption of the daughter or son of one of the spouses or cohabitants declared, or, the child or adolescent who has lived with the adoptive persons for at least a year, or the adoption between relatives within the fourth degree of consanguinity or second of affinity, provided that the judge or judge considers that the adoption is suitable for the adopted person.
Interest superior, the child or adolescent, it will be at the discretion of the competent judicial authority the assignment of applicants exceeding the established age range, so the principles of adoption are taken into account and in no case exceed more than fifty years to the adopted person's age.
In the case of adoption by a single spouse of the adopted person's age difference there must be also declared the other spouse or live-in partners, who must give his assent to the case.
Death of one of the people adopters article 43.-when inside the procedure dies one of the spouses or cohabitants seekers of adoption, the person concerned whose spouse or partner has died, must say if you want to continue with the procedure individually.
Title III of the Office for adoptions chapter I structure and operating authority Central article 44.-La of the Attorney General shall be the central authority in matters of international adoptions for the purposes of the Convention relative to the protection of children and cooperation in respect of intercountry adoption.
It may establish mechanisms for cooperation with central authorities in countries of reception, ratifying of the Convention relative to the protection of children and cooperation in respect of intercountry adoption.
Office for adoptions 15 article 45.-La Office for adoptions, is a specialized office of the Attorney-General's Office with technical autonomy. It has as main function receive, process and administratively resolve the request of adoption of children and adolescents, as well as processes or procedures that are necessary for that purpose, ensuring your best interests.
Structure organizational article 46.-the takeover bid will be composed of the following bodies: a) a Board of Directors;
(b) a direction Executive;
(c) unit of Legal qualification;
(d) unit of qualification of families; (and e) Committee of selection and assignment of adoptive families, children and adolescents subject of adoption and follow-up post adoption.
Expressed bodies, will have legal, administrative and multidisciplinary technical staff that may be necessary.
Integration of the Board directive Article 47.-the Board shall be composed as follows: to) the holder person of the Attorney General of the Republic, who shall be the President or Chairman of the Board of Directors;
(b) the titular person of the Executive direction of the National Council of childhood and adolescence;
(c) a delegate of the Ministry of Foreign Affairs person; and, (d) two people representatives of civil society.
The alternate person of the Presidency of the Board of Directors shall be the Deputy General Procurator; the alternate person of the Executive Directorate of the CONNA will be who is appointed by the Board of Directors of the same; the Ministry of Foreign Affairs, who shall thus nominated by the said Secretary of State; and of the representatives of civil society, who were respectively elected as such.
The members of the Board of Directors shall carry out their duties ad honorem.
The charges shall be exercisable by the persons civil society representatives are incompatible with the exercise of other public offices.
16 quorum, sessions and Decision collegiate article 48.-the Board of Directors shall meet ordinarily every sixty days and is extraordinarily when convened by the titular person of the Executive Directorate of the OPA.
The Board can operate with most proprietary members or their respective alternates in the event, missing the first, and shall take its decisions by a simple majority of those present. In the event of a tie, the titular person of the Presidency or the alternate person in your case, you will need qualified vote.
Powers of the Board directive article 49.-are functions of the Board of Directors of the OPA: to) establish institutional policies;
(b) approve its plan annual of work;
(c) propose their budget of operation;
(d) approve its memory of labor;
(e) carry out the accountability annual of accounts;
(f) approve the regulation internal and of operation and which are necessary for the development efficient of their activities;
(g) create them units of support technical administrative necessary for its operation;
(h) establish criteria technical for it qualification of it person or them people that intend to adopt, as well as for the allocation of the family ideal to them girls, children or adolescent subject of adoption;
(i) designate by a process of selection public and of merit to the person holder of the address Executive;
j) establish mechanisms for a permanent supervision of the administrative procedure for adoption ensuring agility of it;
(k) to propose laws, regulations or administrative reforms that are necessary for the better fulfilment of the aim of this law;
(l) appoint the members of the Committee of selection and placement of adoptive families, children and adolescents subject of adoption and follow-up post adoption;
(m) to ensure the adequate profile of the staff of this office, as well as the proper performance of its functions;
17 n) know judicial review in cases established by this law;
(o) authorizing the operation of recognised organisations referred to in this law;
(p) engage regularly, at least every two years, external audit of administrative processes; and, q) other laying down laws.
Presidency of the Board of Directors article 50.-the person holder of the Presidency of the Board of Directors of the OPA, will preside over the session and shall ensure that the agreements are fulfilled. In case of absence, the meetings shall be presided over by his respective substitute.
People representatives of the society Civil art. 51.-El CONNA summon entities of care of children and adolescents belonging to the network of shared care, propose two triads, which will be presented, one to the Supreme Court of Justice, and the other to the Attorney General of the Republic, so that these institutions designated by the respective owners and alternate representatives of civil society.
The call will be made with at least thirty days in advance of the date of the election, for this purpose institutions members of the network of shared care, should be the inscriptions for the nomination of their representatives on the triads which will be proposed for your choice.
In any case, you must ensure that the representation of civil society, has a high social recognition by his notorious reputation and work in the defence and protection of the rights of children and adolescents.
The duration of their duties shall be three years from the moment of their choice and they may be reelected only once in office.
Loss of the quality of representative of the society Civil article 52.-La as a representative of civil society in the Board of Directors of the OPA, will automatically lose for the following reasons: to) for the fulfilment of its functions within the Board, repeatedly without justification in writing, or by dereliction of duty;
(b) by resignation;
(c) to have been punished or sanctioned in administrative or judicial, headquarters by threat or violation of the rights of children and adolescents; (and, d) by having been condemned in sentence final firm for any type of crime fraudulent.
18 people representatives of the Civil society must be replaced in accordance with the same mechanism for your choice.
Person holder of the Executive Directorate of the OPA article 53.-to be the holder of the Executive Directorate of the OPA, is required to be older than thirty years of age, of honesty and competence notorious, with authorization for the exercise of the legal profession in the Republic and demonstrable experience for at least three years in the field of childhood and adolescence , and family law.
Office holder of the guidance Executive of the OPA, is incompatible with the performance of any other public or private office, with the exercise of the legal profession and the notary or any other function determined by the Board of Directors. Similarly, you should not have kinship within the fourth degree of consanguinity and second of affinity with the members of the Board of Directors of the OPA.
Powers's the person holder of the Directorate of the OPA Art. 54-are powers of the person holder of the Executive Directorate of the OPA: to) exercise the General management of the OPA, on the technical, functional and operational aspects, in accordance with the internal regulations and guidelines, instructions and resolutions emanating from the Board of Directors;
(b) acting as a Secretary or Secretary of the Board of Directors, prepare the agenda of sessions and summon them. lift and carry the respective register of the proceedings; and extend where appropriate, respective certifications;
(c) direct, coordinate and supervise the work of the staff of the OPA;
(d) to elaborate the rules of procedure and operation of the OPA;
(e) take the single registry referred to in article 25 of this law;
(f) to ensure that respect the order of the list of families rated as suitable for adoption effect to be taken into account at the time of his assignment;
(g) to ensure that respect for the guiding principles of this law, as well as the fundamental rights of children and adolescents in any adoption procedure; and, h) other pointing her laws.
Declaration of suitability for adoption article 55.-the Declaration of suitability for adoption is the resolution issued by the titular person of the Executive Directorate of the takeover bid on the basis of the content of studies psychosocial effect qualify the person or applicants as suitable family to adopt.
19. in case of absence of the holder person, will make his times who is temporarily appointed by the Board of Directors of the OPA.
Committee of selection and assignment of families adoptive article 56.-the Committee of selection and assignment of adoptive families of girls, boys and adolescents subject of adoption, will consist of a professional person in each of the areas legal, psychological and social work, appointed by the Board of Directors, which will be chaired by the titular person of the Executive Directorate of the OPA.
The agreements of the Committee shall be based on the criteria of selection of the person or persons requesting which shall be entered in the minutes.
Chapter II of LOS agencies accredited agencies accredited Art. 57-a body accredited in a Contracting State of the Convention relative to the protection of children and cooperation in respect of intercountry adoption, can act only in El Salvador if it has been authorized to do so.
Accredited organizations are those that are responsible to comply with the obligations imposed by this agreement.
Authorization of bodies accredited article 58.-the agencies accredited in a receiving State, to carry out activities aimed at the adoption of girls, children and adolescents in our country must be approved by the Board of Directors of the OPA, after consultation with the central authority of the receiving State.
The application of authorization of the accredited body must be submitted in the tender offer, to its Board of Directors, by the legal representative or agent of the same person.
The procedure and requirements for the approval of the accredited bodies of contracting countries of the Convention relative to the protection of children and cooperation in respect of intercountry adoption, will be developed by the OPA and approved by its Board of Directors.
Delivery of certification of authorisation article 59.-authorization resolution certification be given to the legal representative or the representative of the accredited body person.
Title IV of the procedures 20 chapter I procedures regulated by this law procedure for adopting article 60.-the procedure administrative adoption begins with the presentation of the adoption application before the Office for adoptions or the agencies auxiliary of the Attorney General of the Republic - hereafter auxiliary agencies-, and must first perform the legal qualification of its contents and of the documents submitted in accordance with article 89 of this law. Admitted the application, that office will order the technical studies concerning article 90 of this law, so that based on the legal qualification and studies conducted psychosocial content, is it issued Declaration of fitness or otherwise for the adoption, as established by article 91 of this law. Issued the Declaration of suitability for adoption, the record will go to knowledge of the Committee of selection and assignment of adoptive families, who after the selection of the family to better ensure the integral development of the child, child or adolescent subject of adoption, shall record certification to the person the holder of the Office of the Attorney-General, issue the corresponding authorization of the adoption resolution , which concludes the administrative procedure for adoption, in accordance with the provisions of articles 93 and 94 of this Act.
The judicial procedure for the adoption begins with the judicial declaration of adoptability of the child, child or teenager by the judge or judge specializing in children and adolescents, who must send certification of the aforementioned resolution to the Office for adoptions. The same judge or judge, completed the administrative procedure for adoption described in the first subparagraph, shall have the jurisdiction to enact the adoption. The adoption of elderly, judge or judge of the family at the home of the adopted person shall have the jurisdiction to enact the adoption.
In the case of the adoption International is apply it arranged in them articles 3, 12, 34, 122, "title IV, of them procedures, chapter I, procedures regulated by this law, chapter III, authorization of the adoption in headquarters administrative, section first, provisions General, section third, procedure for the case of adoption international"; as well as other relevant provisions of this Act, and the provisions of the Convention relative to the protection of children and cooperation in respect of intercountry adoption.
All notifications referred to in this law, except for those in which, otherwise will be within seventy-two hours maximum for its realization.
The procedure laid down in this provision will be developed in accordance with the provisions of this title.
Of the procedures article 61.-the procedures provided for in this title are: a) judicial declaration of adoptability of, child or adolescent;
(b) the adoption at the administrative authorization; and 21 c) Decree of adoption of children, adolescents and adults in court.
Declaratory Judicial of adoptability article 62.-the declaratory procedure Court of adoptability of the child, child or adolescent shall be transacted as diligence of voluntary jurisdiction according to the procedural law of family.
In case of contention, it should be processed according to the rules of the family process.
Authorization of the adoption at the administrative article 63.-the administrative procedure by which the titular person of the Attorney General of the Republic authorizes the adoption shall be dealt with in the takeover bid, and you must understand: to) the qualification Technician legal requests for adoption;
(b) the qualification of the person or suitable for adoption families; and, c) the selection and placement of the person or the adoptive family of girls, boys and adolescents subject of adoption.
Decree of adoption of a child, child or teenager article 64.-to enact the adoption the judges or judges specializing in children and adolescents, will review the application for adoption, will require the administrative proceedings transacted in the takeover bid and cited audience, in which presence of the delegated person of the Attorney General of the Republic will solve where relevant.
Decree of adoption of greater age article 65.-the adoption of older application will be presented for the adoptive person and the adopted person before the judge or justice of the family at the home of the adopted person, and the administrative procedure shall be required.
Chapter II Declaration JUDICIAL of ADOPTABILITY of child, child or teenager Declaration of adoptability article 66.-received the proceedings of, a child or adolescent, the person holder of the Attorney General of the Republic, must be forwarded within a period of seven days to judge or judge specializing in children and adolescents, who will examine them, and shall within fifteen days of receipt noted sentencing hearing in which according to received 22 tests and research carried out by the multidisciplinary team, he will Decree the adoptability or not, the child or adolescent.
If you declared the adoptability of the child, child or adolescent, certification of the respective resolution will forward to the takeover bid.
Pre adoptive families article 67.-If the decision of the judge or judge specializing in childhood and adolescence consists of the integration of, the child or adolescent in adoptive families Pre, certify the resolution to the takeover bid, so unique registry of adoptions of children, children and adolescents, and suitable for adoption, respecting the order of the list of qualified families without prejudice to the provisions of section 80 of this Act, at the discretion of this office, in compliance with the principle of best interests of the child, child or adolescent, assign a family, the child or adolescent subject of adoption.
The OPA must inform within the maximum period of 15 working days of received the certification of the respective resolution, if done the assignment of a family, the child or adolescent, to judge or respective judge.
In this case, the license established in the article 18 of the present law, is will enjoy from the allocation physical of the family to the girl, child or teen subject of adoption.
Chapter III authorization of the adoption in headquarters administrative section first provisions general competition administrative article 68.-the OPA shall have the jurisdiction for administrative procedures in adoptions.
However the above, national adoption procedure may be initiated at any of the auxiliary agencies with the submission of the application for adoption, and must be submitted the respective record to the takeover bid, for which this office will issue technical guidelines that are necessary.
Momentum of trade article 69.-Interpuesta the request of adoption the administrative process will be driven automatically.
Procurement article 70.-in the administrative stage of the national procedure, is not necessary to act by means of representative person, being at the discretion of the applicants personally intervene or appoint a lawyer or attorney representing them. In the latter case shall present the 23 corresponding judiciary general with special provision or to special given by the applicants in favor of attorney or lawyer in the exercise of their profession.
In the administrative stage of the procedure of international adoption, the compulsory procurement shall be required to seekers.
Right of access to the record article 71.-the administrative records of adoption will remain in custody in the takeover bid and the parties or their representatives have access and consult them, which may not be removed from the offices listed.
Each time that you see the file shall be recorded therein for purposes of having by notified any pronunciation resolution.
Seekers can make queries that consider relevant about the State of its process through the auxiliary agencies, who must ensure this right.
Free advice article 72.-prior to the request for adoption, interested persons may submit to the OPA or the auxiliary agencies, to request free advice regarding the procedure and the documentation needed to start the respective process.
Requirements of the application article 73.-the adoption application shall be addressed to the titular person of the Executive Directorate of the OPA, and it must contain: a) full name of the person or applicant family, age, familial status, profession or occupation, nationality, domicile, place of residence, number of unique identity document or passport in your case , or number of permanent residence card issued by the immigration authorities of El Salvador, phone number and e-mail address;
(b) justification for the adoption;
(c) range of age, the child or adolescent to be adopted;
(d) the name and General, the child or adolescent to adopt in case is determined;
(e) the precise relationship of the facts for the claim of the adoption of the particular child, according to the provisions of article 27 of this law;
(f) other documents certifying compliance with the requirements laid down in article 38 of this law;
24 g) place to receive notifications and appointments within the territorial constituency of the OPA or Assistant Attorney in his case. You can designate is also a technical means that electronic, magnetic or otherwise which enables proof of the notification and provide guarantees of safety and reliability; and, h) place, date and signature of the petitioning people.
Documentation attached to adopting national article 74.-at the request of national adoption shall attach the following documents: to) recent certification of birth certificate of the applicants;
(b) certification of departure for marriage when it applied, or resolution stating the quality of cohabitants;
(c) recent medical evidence on the health of the adoptive persons;
(d) solvency of the National Civil Police;
(e) criminal record;
(f) record salary updated for those who are civil servants, employed persons or in case of not being employee, sworn to before a notary or notary statement indicating the source of their income, or any other reliable document evidencing the economic capacity;
(g) a photocopy certified by notary or notary's unique document of identity card, passport or residence if card;
(h) certification of birth of daughters and biological children, if any;
(i) evidence of health of the daughters and biological children under twelve, if any; and j) photographs of the applicants and their family environment inside and outside of the family home.
Documentation attached to adopting international article 75.-to the international adoption application will append the following documents: a) General Judicial power with special clause or special power granted by the applicants in favor of lawyer or Attorney in the practice of his profession;
(b) recent certification of birth certificate of the applicants;
(25 c) certification of birth or certificate of health of girls and children under twelve years residing in the home of the applicants, if they have them;
(d) certification of departure of marriage, divorce or death when it is the case;
(e) recent medical evidence on the health of the applicants;
(f) background police or criminals;
(g) photographs of the applicants and their family environment, as well as inside and outside of the family home;
(h) record employment and wage updated for those who are civil servants, employed persons or in case of not being employee, sworn to before a notary or notary statement indicating the source of their income, or any other reliable document evidencing the economic capacity;
(i) photocopies certified by notary or notary of their passports, as applicable;
j) social and psychological study of seekers properly backed by public entities. When they have been made by professional individuals overseas, they must be supported by one of the accredited bodies;
(k) certification of suitability issued by the central authority, accredited bodies or public authority of the receiving State in which record seekers are eligible to adopt; and l) commitment to follow-up post adoption given by central authority, accredited bodies or public authorities of the host State, in accordance with the provisions of this law and the Convention relative to the protection of children and cooperation in respect of intercountry adoption.
Documentation attached to child adoption, child or teenager given article 76.-in the adoption of a child, child or teenager given must occur, depending on the case, in addition the following documentation: a) recent certification of the certificate of birth of the child, child or adolescent determined, in case that;
(b) medical certificate of health of the child, child or teen set, if any;
(c) certification of death certificate of the mother or father, if it be, child or adolescent who lack mother and father;
(d) certification of resolution on implementation of the legal measure in the form of pre adoptive family, if it has been decreed by the specialized Court of the children and adolescents 26;
(e) certification of resolution of the family court that awarded seekers the protective measure of personal care, the child or adolescent, in accordance with article 130 of the family procedural law, as well as certification of the Act of assignment;
(f) certification of split of birth from the mother or father biological that has been declared incapable;
(g) certification issued by the Office of the Attorney-General on Declaration of unknown whereabouts of the mother or the father, in accordance with the provisions of this law; and, h) certification of the judicial approval of the accounts of the guardian or tutor and payment of the balance that proof of lack of real results against if there is one, or if.
Original documents and copies article 77.-all documentation will be presented in original and copy certified by a notary, and when it is issued the original foreign documentation, so that it takes effect, it must be duly authenticated or Apostille if necessary. If language is other than English, it must be accompanied with its corresponding translation in accordance with the law and international treaties.
Notices and citations article 78.-the notifications and summonses may be personally to applicants for adoption, persons taken from these, through the technical means designated by interested persons or persons qualified to receive them.
Evaluation of the test article 79.-in the administrative process tests will be valued in accordance with the system of healthy criticism, except the documentary evidence that will be valued according to the rules established in the code of Civil and commercial procedure.
Criteria of selection of families article 80.-to select the ideal family among the suitable to adopt a child, child or teenager, will be taken into consideration technical studies and also the criteria of the age difference between adopter and adopted person, State of physical and mental health, family environment, number of daughters and sons biological or adoptive home and ages them lack of daughters and sons biological or adoptive, adopting people's economic ability and any circumstance that encourages you to your best interests.
Withdrawal administrative 27 Article 81.-at any stage of the administrative process prior to authorization, the persons concerned may withdraw from their claim.
The person empowered the adoptive persons, may not withdraw if not especially empowered to do so.
Origin of the resource of Revocatoria article 82.-the appeal against proceeds against the resolutions pronounced within the administrative process.
Interposition of Revocatoria article 83.-the appeal against must be based and brought in writing before the OPA, within three days of the notified agreement or resolution in his case.
In the case of the agreement taken to describing the suitability of the adoptive persons, the resource must support immediately after expiry of the period of interposition and refer proceedings to the authority, who must resolve it within a period of ten days after receiving them; This resolution will not accept recourse. With respect to the resolutions pronounced by the OPA, this resource will be resolved by the authority which issued them within three days of its filing.
Origin of the resource of review article 84.-this appeal is against the decision handed down by the OPA to refuse the revocation.
Filing of review article 85.-judicial review must be based and lodged in writing at the OPA, within three days of the respective resolution to the Board of Directors.
The resource must support immediately after expiry of the period of interposition and refer the proceedings to the Board of Directors, who must resolve it in the next session, within a period not exceeding seven days.
Requirements article 86.-for impulse and resolution of the administrative procedure for adoption, the OPA or auxiliary agencies, may be adopting persons, their apoderadas and public and private institutions the requirements deemed necessary.
Obligation to inform art. 87. the OPA shall be obliged to inform the specialized courts of childhood and adolescence immediately concluded the administrative procedure authorized by adoption.
28 section second procedure in the case of national adoption application
Article 88-national adoption request may be verbal or written way before the takeover bid or the judge or respective judge accordingly. Verbally shall be made by the applicants, and in any case the takeover bid or the auxiliary agencies may refuse to receive them. Written form can be submitted by the applicants personally or through the representative person especially authorized this. In both cases the corresponding documentation should be appended and the receiver must record in writing of receiving.
Rating Legal article 89-received the request for adoption or record where applicable, within the period of thirty days, will be the legal qualification of its content and of the documentation submitted to determine if you meet the requirements for admissibility, otherwise, it prevented the applicants or the representative person, so they make good any errors or omissions in within seven days after notified the resolution. If no remedy is prevention, will be declared inadmissible, and to retain the right to present it again.
Studies technical article 90-admited the adoption application will be sorted the technical social and psychological studies based on the guidelines established by the corresponding regulation.
Such studies must be carried out by a team multidisciplinary ascribed to the OPA; and at the request of the applicants, they may be performed by professional individuals of listing required the surveillance Board of the profession in psychology from El Salvador.
In both cases, the social and psychological, technical studies must be submitted to the titular person of the Executive Directorate of the takeover bid within the period of ten days following notification of the resolution ordering its realization.
Specialists of the OPA shall have a maximum period of three working days to send your opinion about studies of external professionals to the titular person of the Executive Directorate of the OPA.
If studies are errors or omissions, rectify or respective extension must be evacuated in the term of fifteen days will be ordered. If it is not remedied, the order of admission of the application will be revoked and returned the proceedings to the person concerned, being to retain the right to present it again.
Resolution of fitness to adopt article 91.-the titular person of the Executive Directorate of the OPA will issue motivated resolution declaring fitness or not to adopt, within the period of thirty days, based on the legal qualification and 29 psycho-social studies content.
Meeting of the Committee of selection and placement of families foster article 92.-once notified the Declaration of fitness resolution, record will go to knowledge of the Committee of selection and placement of adoptive families, which shall agree, within the 45 days after the receipt of such notification, the selection of the family that best guarantees the development of the child child or adolescent subject of the adoption procedure. This agreement shall be recorded in the minutes.
In the case of adoption, child or adolescent determined, the Committee will select the corresponding family, subject to the provisions of article 27 of this law and according to the principle of best interests.
Authorization for adoption article 93.-selected family to the girl child or teenager, the titular person of the Attorney General of the Republic shall issue and notify the resolution authorizing the adoption, within thirty days after the decision of the Committee of selection and placement of adoptive families.
Delivery of certification article 94-concluded the administrative procedure with the authorization of adoption, the OPA at the time of the notification, delivered the same certification to the applicants, their apoderadas or guardians or the advocate or public defender of family, which must be submitted with the application for adoption in court within a period of fifteen days counted from the day following the delivery.
THIRD procedure section for the case of adoption international adoption International Article 95.-La international adoption will take place within the framework of the principle of subsidiarity contained in article 3 letter d). The applicants must be citizens or have habitual residence in some of the States that have ratified the Convention relative to the protection of children and cooperation in respect of intercountry adoption, or bilateral or multilateral treaties on the subject.
Request article 96.-the international adoption application must be presented in the OPA or the auxiliary agencies in writing through proxy or apoderada specially empowered or empowered to do so, appending the corresponding documentation.
Rating Legal 30 Art. 97-received the request for adoption, within the period of fifteen days, will be the legal qualification of its contents and of the documentation submitted to determine if it meets the relevant requirements for admissibility, otherwise, be prevented the Attorney or apoderada adoptive persons so that corrected the errors or omissions in the term of thirty working days of the decision. If no remedy is prevention, will be declared inadmissible, and to retain the right to present it again.
Qualification of technical studies Art. 98-admited request will be ordered to the multidisciplinary team attached to the OPA verification of compliance with the requirements established for technical studies social and psychological, sending the results to the titular person of the Executive Directorate of the OPA, within a period of three working days of the notification of the resolution ordering them.
If studies are errors or omissions, rectify or respective extension must be evacuated at the end of thirty days will be ordered. If it is not remedied, the order of admission of the application will be revoked and returned the proceedings to the person concerned, and to retain the right to present it again.
Meeting of the Committee of selection and assignment of adoptive families
Article 99.-agreed statement of fitness to adopt family, this becomes part of the single registration, and timely record knowledge of the Committee of selection and assignment, which will select family that best ensures the integral development of the child, child or adolescent subject of the adoption procedure. The allocation agreement must be taken within the sixty diasposteriores the notification of the Declaration of adoptability which refer to the specialized Court of childhood and adolescence, which shall be recorded in the minutes.
Report and conformity of the State of reception Art. 100.-assigned it family, it OPA sent to it authority central of the State of reception within the term of five days working, report on the identity of the girl, child or teen, his adoptability, half social, evolution personal and family, history medical and it of its family biological, as well as their needs particular in compliance of the article 16 (, number 1 letter a) of the Convention relative to the protection of children and cooperation in respect of intercountry adoption.
In addition, shall be recorded that the central authority of the State of origin has ensured have taken into account the conditions of education of the girl child, child or adolescent as well as their origin ethnic, religious, and cultural; and that consent, assent and right to have a say and be heard as the case may be, it has obtained with the formalities required by law, and as a result such allocation reflects the best interests of the child, child or adolescent.
The previous report requesting the adoption family must manifest your agreement in relation to the girl child, child or adolescent, to which it was assigned. The central authority of the receiving State shall adopt such a decision if its domestic law so requires it, and inform the central authority of the State of origin in accordance with article 17 of the Convention expressed.
Authorization for adoption 31 Article 101.-received agreements from acceptance of the assignment of adoptive parents or mothers and continue with the procedure for the adoption; having found that the subject person of adoption has been or will be authorised to enter and reside permanently in the receiving State, with the presentation of the respective documents, the titular person of the Attorney General of the Republic shall issue resolution authorizing the adoption, within 45 days after receipt of such documentation.
Delivery of certification article 102.-over the administrative procedure with the authorization of the adoption, in the Act of notification the OPA will deliver to the agent of seekers person certification respective, having submitted application within the period laid down in article 107 of the present law.
Issuance of certification article 103.-upon receipt in the takeover bid on the part of the judge or competent court certification of the ruling which decreed the adoption, the titular person of the Attorney General of the Republic at the end of five days, must be issued certification of adoption for the purposes of article 23 of the Convention relative to the protection of children and cooperation in respect of intercountry adoption.
Chapter IV Decree of adoption of girls, children and ADOLESCENTS, and people greater of age in headquarters Court judge or judge. competent Art. 104.-the judge or judge specializing in childhood and adolescence which declared the adoptability of the child, child or adolescent, shall have the jurisdiction to enact or not adoption.
Request for adoption article 105.-the adoption application shall meet the requirements of article 42 of the procedural law of family, and will be presented with the certification of the resolution authorizing the adoption issued by the Office of the Attorney-General.
Once the application is filed, the judge, or judge specializing in children and adolescents, the OPA, remission of the administrative record in original, which must include as appropriate, shall require at least the following documents: to) certification of the resolution authorizing the adoption;
(b) certification of the resolution of the Declaration of adoptability of the child, child or adolescent;
(c) certification of birth of the child, child or adolescent subject of 32 adoption, of the applicants and of their daughters and sons;
(d) certification of seekers marriage certificate, or where appropriate, certification of Declaration of quality of cohabitants resolution;
(e) certification of biological mother or father death certificate;
(f) the technical social and psychological studies with its respective report, practiced in the OPA seekers or in his case, certification of the opinion of verification of such studies when they were presented by the adopting people or its representative or agent;
(g) certification of birth certificate duly marginalized from the biological mother or father has been declared incompetent;
(h) certification of the judicial approval of the accounts of the administration of the tutor or guardian, and the payment that has been against, if any;
(i) inventory of assets of the subject person of adoption or lack thereof in case of being, the child or adolescent guardianship;
(j) certification of the edicts that referred to in article 30 of this law; y, k) records of consent to adoption given by the mother or father biological or in your case by any of them; consent of the spouse or legal representatives in the case of mother or father biological children; and the opinion of the person adopted in his case.
Requirements additional Art. 106.-If the applicants are foreigners or Salvadorans habitually resident outside the country, the administrative file, containing the following documents: to) certificate issued by the public institution or State of protection of children or the family, officially authorized, stating that seekers meet the requirements to adopt the law of the country of habitual residence and the commitment to carry out the monitoring of the situation of the child or adolescent in that country; and, b) technical studies carried out by specialists abroad.
In the event of exceptional complexity or when the judge or judge will need to complete or verify information, you can prevent parties that submit or clarify the relevant in one period not greater than thirty days.
33 request admission and signaling of sentencing hearing
Article 107.-received the request with its annexes and administrative record, if it meets the requirements of law, it will be admitted and the judge or judge specializing in children and adolescents competent designated day and time to carry out the sentencing hearing, which shall be held within fifteen days following the admission of the request, ordering with at least five days in advance citations of adoptive persons and their apoderadas or proxies. Adoptive persons must appear personally at the hearing.
Ratification of consent, assent or Opinion article 108.-the judge or competent judge must cite at least three business days in advance to people who granted consent to adoption, the consent or opinion at the administrative, or its representative or agent to effect ratification in sentencing hearing, as appropriate. In case they do not appear or its location, is not possible will be taken into consideration to enact the adoption, those granted administrative.
In the case of the titular person of the Office of the Attorney-General or his delegate or delegate, the consent must ratify at the aforementioned hearing.
Withdrawal in headquarters Judicial article 109.-in any State adoption in judicial process, and before the final judgment, the adoptive persons may withdraw its claim to adopt.
The person empowered the adoptive persons, may not withdraw if not especially empowered to do so.
Decree of adoption art. 110.-the judge or competent court at the sentencing hearing will assess the documentation submitted with the request, along with the other elements of judgment poured in such a hearing, and if coming will Decree the adoption, and being rendered the respective judgment, will compliance to the provisions of article 118 of this law.
Resource article 111.-the statement that decreed the adoption or refusal will be appealable in accordance with the procedural law of family.
Constitution and irrevocability Art. 112-the adoption is constituted since it is sign the judgment that decrees it, which is irrevocable.
Provisions is without prejudice to the nullity any place.
Hearing staff persons 34 article 113.-applicants must personally appear to the audience so is concrete allocation of family to the girl child, child or adolescent adopted. They should also appear in this form to an interview with specialists assigned to the Court if the judge or judge considers it suitable.
Content ruling Art. 114.-the sentence should contain the data required for registration of birth of the person adopted in the registry of the State family.
Conversion Art. 115.-adoption will be dealt as diligence of voluntary jurisdiction in accordance with this law and the procedural law of family, and in case of conflict, the pending suit to the family process.
(Adoption of the daughter or son of the spouse Art. 116.-it adoption of the daughter or son of one of them spouses or cohabitants must be requested by both appending according to the case: to) testimony of writing matrix or certification of the Act granted in the OPA, in which record that it mother or father biological of it girl, child or teen subject of adoption has awarded the consent for the 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 their mother or father; and, c) certification of birth certificate with the marginalization of Declaration of unable to his mother or father; or edicts as referred to in article 30 of this law in their case.
Adoption of older person of age Art. 117.-the request of adoption to elderly persons, shall meet the requirements laid down in article 42 of the procedural law of family, to which shall be attached at least the following documents: to) certification of birth of the applicants; and, b) certification of birth of persons subject of adoption.
If you meet the requirements, shall be fixed sentencing hearing which will be held within thirty days after the admission of the request, in which if he is coming, it will Decree adoption.
Exist prevention within five working days shall be granted so that the same be remedied, 35 and a supported time will proceed in accordance with the provisions of the preceding paragraph.
Chapter V acts subsequent to the Decree of adoption allocation of the family statement to the person adopted article 118-Ejecutoriada that decreed the adoption, the adoptive person shall appear personally to the audience to point the judge or competent court, within fifteen days following, to the physical allocation of the family to the adopted person. In it judge or judge will explain the rights and obligations that correspond as adoptive person.
The joint adoption must appear both spouses for hosting, the child or adolescent.
Registration of adoption art. 119.-Ejecutoriada resolution, the judge or competent court certified copy shall be sent to the person employee of the registry of the family state of habitual residence of the person adopted, it rests a new birth certificate in the corresponding book.
The text of the new game will be ordinarily used and it will not be mention of the links of the person adopted with consanguineous parents.
Also, send certified copy of the family state registration where the original birth certificate of the person adopted for its cancellation and marginalization.
In the respective cancellation not the reasons therefor shall be expressed, but a quiet record stating those reasons will be. The canceled game and seats reserved register, certifications, unless writ will not be issued.
Presentation of starting of birth of the person adopted article 120-seated the new birth certificate of the adopted person, the mothers or adoptive parents or his representative or proxy must submit certification of the same in the OPA to effect to track post adoptive and timely file record.
Tracking adoptive Post of national adoption
Article 121.-once decreed the national adoption of the OPA will follow the situation of the girl child, child or adolescent adopted to effect note the full incorporation of the same to their new family environment. This follow-up will take place every four months and for a period of three years, and must be the same registry. The number of such follow-up visits may be extended when thus considers it relevant that Office.
In the case of adoption, child or adolescent determined that has lived with adoptive 36 persons for a period of one or more years prior to Decree the adoption, this follow-up post adoptive will shaped semi-annual and for a period of two years, and must be the same registry.
Follow-up Post adoptive adoption international article 122-decreed once international adoption, the OPA will follow through the central authority or accredited body to the situation of the person adopted within the adoptive family to effect to note the full incorporation of the same in their new family environment.
This follow-up will take place every four months and for a period of three years, and must be the same register; for which will be required to the central authority or accredited body the respective report.
Notice to the authorities competent Art. 123.-If in the follow-up post adoptive determines that to, the child or adolescent has been threatened or infringed on their rights, the OPA will do it the knowledge of the competent authorities for the relevant purposes, and such authorities act immediately.
Title V regime penalties and provisions late chapter I regime punitive sanction for breach of the terms by the or the competent officials Art. 124.-for failure to comply with deadlines set out in the administrative and judicial procedures of adoption, the responsible authority shall be punishable by a fine equivalent to ten minimum wages in force in the sector commerce and services.
For each new delay in the fulfillment of the periods provided for in this Act, the responsible authority shall be punished with a fine equivalent to twenty minimum wages in force in the sector commerce and services.
When the responsible authority suspendue deadlines of the administrative procedure that fine will be imposed by the specialized Court of children and adolescents; and in the event the breach is of the specialized Court of childhood and adolescence, the fine will be imposed by the respective camera.
It earlier without prejudice of other responsibilities in that may incur the authority that commits the violation.
In any case, judge or judge, magistrate or judge as appropriate, send heard during the three days the authority sued to effect guarantee their right of audience, and will evaluate 37 the arguments about non-compliance with the deadline for imposing the fine concerned, without prejudice to the resources that any place.
Of the imposition of the fines article 125.-the corresponding fines imposed at the request of party or ex officio at the end of each process.
Compensation for breach of licence by adoption article 126.-the employer who fails to comply with the obligation to grant license for adoption, will have to compensate the working person who should enjoy such license with the equivalent to ten times salary-bearing, without prejudice to the other responsibilities that correspond.
The compensation referred to in this article shall be imposed by the judge or judge who knew of the adoption proceedings and must be paid to the working person who breached their right, within a period not exceeding fifteen days of issued the resolution ordering it.
Responsibility by issued certifications to persons unauthorized Art. 127.-in the event that a person officer issuing certifications of any of the records of proceedings of adoption to unauthorized persons, shall be subject to penal and administrative sanctions to any place.
Chapter II provisions late deadlines article 128.-the time limits laid down in this law for the headquarters administrative and judicial procedures will be counted in calendar days, except that are points that you it's working days, and will begin to run from the day following the respective notification and expire during the last business hours of the respective day.
In those cases where not deadline for actions by public officials has been established in this law, means that the time to observe is seven working days.
Article 129.-the book documents and proceedings for adoption of administrative or judicial proceedings, shall be reserved. Certification at the request of adoptive persons, the adopted person and his representative or agent specially empowered for this purpose shall be issued only.
I shelter and custody of records article 130.-the proceedings and the adoption of administrative or judicial proceedings will be 38 sheltered and guarded by the institutions that participated in them, in order to preserve the information concerning the origins of the adopted person, the identity of his mother or father as well as his medical history and his family of origin. Thereof not be may be issued for any reason certifications, except to persons listed in the previous article. In the event that an officer or officer issued certificates to unauthorized persons, he shall be punished in accordance with article 127 of this law.
Proceedings pending art. 131.-Las adoption proceedings initiated before the entry into force of this law, will continue to be processed until its conclusion, in accordance with the laws that were promoted, unless the application of this law is more favorable.
On the coexistence declared Art. 132.-for purposes of this Act be understood as coexistence declared referred to in article 127 of the procedural law of family.
Supplementary application article 133.-in everything that has not been expressly regulated in the present law, shall apply supplementary provisions of international treaties; and provided that they are not contrary to the nature and purpose of this Act, the family code, family procedural law, law on protection of children and adolescence, Civil and commercial procedural code and other laws.
Obligation of cooperation
Article 134.-them institutions public and private are in the obligation of provide collaboration and support to the OPA and to them courts competent in Affairs own of them procedures of the adoptions.
Allocation of resources. Available transitional Art. 135.-for the implementation of this law the OPA, through the Office of the Attorney-General, will include in its institutional budget resources, which must be approved at the next General budget of the nation.
Also the Supreme Court of Justice should include in its budget funds which are necessary for the creation of new specialised courts of childhood and adolescence, which are indispensable to ensure the provision of these services of Justice, to be determined previous diagnosis stating such a situation.
Report of girls, children and adolescents with judicial measures of protection article 136.-at the time of the entry into force of this law, the judicial authority which has rendered legal measure of protection in favour of, a child or adolescent, shall inform the Attorney-General's Office within the period of fifteen days, the legal status of those, and those to comply with the requirements for the Declaration of adoptability, proceed as 39 to this law.
Care of children and adolescents, public, private and mixed centres, will have the same obligation established in the previous paragraph, in relation to the children and adolescents who are under their care.
The Office of the Attorney-General shall be sent to the OPA later within the third day of created the single registry of adoptions of children, children and adolescents, and suitable for adoption, reports people.
Repealing Article 137.-repeal articles of the 165 to 185 of chapter III, title I, of the second book of the family code; as well as other provisions that contradict this law.
Entry into force article 138.-the present law shall become effective 100 days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, to the seventeenth day of February in the year two thousand and sixteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
40 ABILIO ORESTES MENJÍVAR RODRÍGUEZ, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Note: In compliance with the provisions of article 97 subsection regulation inside the third organ of the State, it is noted that this Decree was returned with comments by the President of the Republic, on 9 March the year 2016, having been these accepted partly by the Legislative Assembly, in plenary on date of September 1, 2016; in conformity to article 137 third paragraph of the Constitution of the Republic.
Deputy DAVID ERNESTO REYES MOLINA Secretary Executive D. O. N ° 205 volume N ° 413 date: November 4, 2016.
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