JOHN CARLOS I

KING OF SPAIN

To all who present it, and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

I

The economic and demographic circumstances of certain countries, in which many children have not been able to find a suitable environment for their development, together with the decline in birth in Spain, have led to the Recent years the number of foreign minors adopted by Spaniards or residents in Spain has increased markedly. In this situation there are new needs and social demands that have been echoed by numerous public and private institutions, which have transferred to the government the need to adapt the legal system to social reality. current.

the increase in adoptions made abroad is, in turn, a major legal challenge for the legislator, which must provide the necessary regulatory instruments to ensure that the adoption takes place with the maximum guarantees and respect for the interests of minors to adopt, enabling the harmonious development of the child's personality in the context of a suitable family environment. All this in the framework of the most scrupulous legal certainty which is always in the interests of all participants in international adoption, especially and in the first place, for the benefit of the least adopted. The course of the years has provided a sufficient perspective to assess the opportunity for a law to put an end to the regulatory dispersion characteristic of the previous legislation and to bring about a complete regulation of the questions of law. private international necessarily present in any international adoption process.

II

This Law combines the principles and values of our Constitution with the provisions of the international instruments on adoption that are part of our legal system. In particular, the importance of the principles contained in the United Nations Convention on the Rights of the Child of 20 November 1989 in the United Nations Declaration on the Rights of the Child is to be highlighted in this new organisation. on the social and legal principles applicable to the protection and welfare of children, considered above all from the angle of practices in the field of adoption and family placement at the national and international levels (Resolution of the General Assembly 41/1985 of 3 December 1986) in the Convention on the Protection of the As a result of the adoption of the Treaty of Rome, the European Parliament and the Council

the European Union have adopted the following conclusions:

A very important reference in Spain has been the work carried out in the Senate Committee on International Adoption, whose conclusions, drawn up with the input of authorities and experts in the field, have marked a line and way to follow in the approach of this social phenomenon.

In application of the Constitution and the international legal instruments in force for Spain, this new rule conceives international adoption as a measure of protection for minors who cannot find a family in Spain. their countries of origin and establishes the necessary and appropriate guarantees to ensure that international adoptions are made, first and foremost, in the best interests of the child and with respect to their rights. It is also intended to prevent and prevent the abduction, sale or trafficking of children, while ensuring non-discrimination of the child by reason of birth, nationality, race, sex, disability or disease, religion, language, culture, opinion or any other personal, family or social circumstances.

It should be added that this Law should always be interpreted in accordance with the principle of the best interests of minors, which shall prevail over any other legitimate interest that may arise in the adoption processes.

III

The Law aims at a systematic, consistent and up-to-date regulatory regulation that allows us to respond to the phenomenon of international adoption in Spain.

The articulated is divided into three Titles. Under the heading 'General provisions', Title I lays down the scope and the intervention of the public authorities responsible for the protection of minors, with particular attention to the specification of the functions which develop the Collaborating Entities in international adoption.

Thus, in Chapter I the scope of application of the standard is established, the objective sought by this Law of the establishment of guarantees of adoptions taking as a guide the best interests of minors, and it is noted What are the principles that inform international adoption in line with the Convention on the Rights of the Child of 20 November 1989 and the Hague Convention of 29 May 1993 on the protection of children's rights and cooperation in the field of international adoption. This Chapter closes the determination of the circumstances that prevent adoption, in order to ensure that adoptions take place only when there are sufficient minimum guarantees.

In Chapter II, the intervention of the Public Entities for the Protection of Minors in the adoption procedure and the intermediary functions that can only be carried out by Collaborating Entities is collected. previously accredited by the competent Spanish Public Entity and by the relevant authority of the country of origin of the minors.

The intermediary function that is attributed exclusively to these Collaborating Entities has imposed on the legislator the task of setting up a legal framework that conplayed the integral provision of the service that they have entrusted to them. basic mechanisms for their accreditation and control, to be exercised by the competent Public Entities.

In this framework concerning the accreditation, monitoring and control of the collaborating entities, a further series of issues is addressed, such as the possibility of formalizing cooperation agreements between these entities in the face of situations special, the possibility of establishing coordination between the Public Entities for the Protection of Minors competent, the decision on the number of International Adoption Collaborators in specific countries, the alleged suspension or withdrawal of accreditation to accredited collaborating entities in various Communities Autonomous, the concreteness of the character of the relationship of the Collaborating Entities with their representatives in the country of origin of the minors and the responsibility of those for the acts that they perform in the functions of intermediation.

Furthermore, Chapter III regulates the suitability of adopters on the basis of the definition of their concept, the determination of the issues and aspects to be addressed and the establishment of their maximum period of time. effective.

Also in this Chapter, a series of postadopted obligations is imposed on adopters and the right of the adoptees to know their biological origins is recognized. Conscious the legislator of the transcendence of this question from the perspective of the free development of the personality of the people adopted, the exercise of this right has been conjugated with the necessary channels to protect the privacy of the persons concerned. In this way, two fundamental limitations are laid down: on the one hand, the legitimation restricted to the person of the adopted one after the age of the majority, or previously if he is represented by his parents and, on the other hand, the necessary advice and intervention from the competent Public Entities to facilitate access to the required data.

Concludes the Chapter with a precept specifically intended for the protection of personal data, in accordance with the report of the Spanish Data Protection Agency.

The second part of the Law is intended to regulate the rules of International Private Law regarding international adoption. Thus, Title II consists of three distinct parts.

First, it offers a complete regulation of the competence of the Spanish authorities for the constitution, modification, conversion and declaration of nullity of international adoption. Inspired by the principle of "minimum connection", a Spanish authority should not proceed with the constitution, modification or declaration of nullity of an international adoption if the alleged one does not appear minimally connected with Spain. In this way, the penetration of exorbitant forums in Spanish legislation is avoided, forums that can cause the constitution of valid adoptions in Spain but ineffective or non-existent in other countries, especially in the country of origin of the less.

Second, the Law regulates the law applicable to the constitution of international adoption by Spanish authorities, as well as to the conversion, modification and declaration of nullity thereof. In order to achieve a better system, the Chapter relating to the "Law applicable to adoption" distinguishes two cases. When the adoption of the Spanish law is in place in Spain or is to be acquired in the near future, the Spanish law will be applied to the adoption of the law. However, when the adoption does not usually reside in Spain, nor will it be transferred to Spain to establish in Spain its social center of life, it has been preferred that the adoption be governed by the law of the country in whose society it will be integrated. In both cases, the law incorporates the necessary channels and provides in the second a margin of judicial discretion, which is broader in order to give timely entry to other different state laws and to seek the greater international validity of the adoption. constituted in Spain.

Third, it contains a comprehensive regulation of the legal effects that adoptions may have on foreign authorities in Spain. These provisions are of particular importance, given that the number of adoptions set up abroad by citizens resident in Spain is now clearly higher than the number of adoptions set up in Spain. At this point, the Law starts from the necessary respect for the legal framework, composed of the Treaties and international conventions and other international standards of application for Spain, which are applicable in order to concretize the legal effects that arise in Spain adoptions incorporated abroad.

Based on the foregoing, the Law establishes a regime for the recognition in Spain of adoptions constituted by foreign authorities in the absence of applicable international regulations. This scheme revolves around an elementary idea: adoption will only be recognised in Spain if it has been validly constituted in the State of origin and if, in addition, it satisfies certain requirements of legal regularity or which revolve around interest of the adoption. In this way, it is avoided that an adoption which has not been regularly constituted in a foreign country, can carry out legal effects in Spain and that adoptions constituted without sufficient respect to the minimum levels of justice, with special Attention to the interest of the child, has effects in Spain.

To this end, the Spanish authorities, and in particular those charged with the Civil Registry, must, in any event, check that the adoption has been constituted by a competent foreign authority, which that authority respected its The rules of private international law and thus constituted a valid adoption in that country. It should also be noted that the adoption of a foreign country, according to the law applied to its constitution, will have the same substantial effects as the adoption of Spanish legislation, which the adopters have been declared appropriate. to adopt, and that, in the case of adopting Spanish, the consent of the Public Entity corresponding to the last residence of the adopting in Spain has been issued and, finally, that the document presented in Spain and containing the act of (i) the adoption of a new directive on the protection of the authenticity.

The Law also incorporates, a regulation, hitherto non-existent in our positive law, concerning the effects in Spain of the simple or less legally constituted adoption by foreign authority, as well as the possibility of conversion into a fully-effective adoption, establishing the factors to be met in each case so that the competent Spanish authority agrees to the transformation.

Concludes the article of the Law with a Title III which regulates the legal-private regime of international cases of family acceptance and other measures of protection of minors.

IV

The Law is completed with the modification of certain articles of the Civil Code. First, the one that imposes the content of Title II of the Law in article 9.5 of the Civil Code, which happens to fulfill a mere function of reference to the Law of International Adoption.

On the other hand, the evident link between adoption and the protection of minors is used to address the reform of Articles 154, 172, 180 and 268 of the Civil Code. In addition to improving the wording of these precepts, the Committee on the Rights of the Child has been given a response, which has shown its concern for the possibility that the right to moderate correction so far has been (a) recognises parents and guardians as being able to contravene Article 19 of the Convention on the Rights of the Child of 20 November 1989.

These reforms will be of application in respect of the right of those Autonomous Communities that own it.

TITLE I

General provisions

CHAPTER I

Scope

Article 1. Scope of application.

1. This Law regulates the jurisdiction of the Spanish judicial and consular authorities and the determination of the law applicable to international adoptions, as well as the validity in Spain of adoptions constituted by authorities foreign.

2. 'International adoption' means the legal relationship of affiliation which is presented by a foreign element derived from the nationality or habitual residence of adopters or adopters.

Article 2. Object and purpose of the Act.

1. This Law establishes the legal framework and the basic instruments to ensure that all international adoptions take place in the best interests of the child.

2. The purpose of this Act is to protect the rights of minors to be adopted, taking into account also those of the applicants for adoption and those of the other persons involved in the international adoption process.

Article 3. Reporting principles for international adoption.

The international adoption of minors will respect the inspiring principles of the Convention on the Rights of the Child of 20 November 1989 and the Hague Convention of 29 May 1993 on the protection of the rights of the child and cooperation in the field of international adoption.

To this end, the competent Public Entity, as far as possible, shall include the standards and safeguards of the Hague Convention of 29 May 1993 in agreements concerning the international adoption which it subscribes with States. non-contractors of the same.

Article 4. Circumstances that prevent or condition adoption.

1. Applications for the adoption of national minors from another country or with habitual residence in another State shall not be processed in the following circumstances:

(a) Where the country in which the child is the least adopted is in war or is in a natural disaster.

b) If there is no specific authority in the country to monitor and ensure adoption.

(c) Where in the country the appropriate guarantees are not given for the adoption and the practices and procedures of the adoption in the country do not respect the interest of the minor or do not comply with the international ethical and legal principles referred to in Article 3.

2. The Public Entities for the Protection of Spanish Minors may establish that, with respect to a particular State, only applications for international adoption are processed through the collaborating Entities accredited or authorized by the the authorities of both States, where it is established that another route of processing presents obvious risks due to the lack of adequate guarantees.

3. The processing of applications for the adoption of those foreign minors who have been accepted in humanitarian programs for temporary stay on the occasion of vacations, studies or medical treatment, will require that such completed in accordance with the conditions for which they were established and which participate in duly regulated adoption programmes in their country of origin.

4. For the purposes of the decision to be taken by the competent Public Entity in each Autonomous Community in the cases provided for in paragraphs 1 and 2 of this Article, the corresponding autonomic coordination shall be sought, and such decision may be submitted. to the prior consideration of the relevant institutional coordination body of the Public Administrations on international adoption, as well as of the International Adoption Advisory Board.

5. The function of intermediation in international adoption may only be carried out by the Public Entities for the Protection of Minors and by the Entities of Collaboration, duly authorized by those and by the corresponding authority of the country of origin of minors. No other person or entity may intervene in intermediary functions for international adoptions.

6. In international adoptions, financial benefits other than those that are accurate to strictly cover the necessary expenses may never be produced.

CHAPTER II

International Adoption Partners and Public Entities

Article 5. Intervention by the Public Entities for the Protection of Minors.

In terms of international adoption, it is up to the Public Entities competent for the protection of minors:

(a) Organize and provide information on legislation, requirements and procedures necessary in Spain and in the countries of origin of minors, ensuring that this information is as complete, truthful and up-to-date as possible and free access by stakeholders.

b) Provide families with the necessary prior training to enable them to understand and address the implications of international adoption, preparing them for the proper exercise of their parental functions once constituted that. They may delegate this function to duly authorised institutions or entities.

c) The receipt of requests, in any case, and their processing, either directly or through duly accredited International Adoption Entities.

(d) the issue, in any case, of certificates of suitability, after preparation, either directly or through duly authorized institutions or entities, of the psychosocial report of the applicants for adoption; where required by the country of origin of the adoption, the issue of the monitoring commitment.

e) Receiving the child's allowance, with information on his/her identity, his/her adoptability, his/her social and family environment, his/her medical history and particular needs; as well as information on the granting of consents of persons, institutions and authorities required by the law of the country of origin.

(f) Give conformity to the adequacy of the characteristics of the child assigned by the competent body of the country of origin with which they appear in the psychosocial report accompanying the certificate of suitability.

Throughout the process of international adoption, they will offer technical support to adoptees and adopters, with particular attention paid to people who have adopted minors with characteristics or needs special. During the stay of the adopters abroad they will be able to count towards it with the collaboration of the External Service.

g) Reports of the follow-ups required by the country of origin of the child, which may be entrusted to entities such as those provided for in Article 6 of this Law or to other non-profit organizations.

h) The establishment of qualified post-adoptive support resources for the proper care of adoptees and adopters in the problem that is specific to them.

i) The accreditation, control, inspection, and development of guidelines for the participation of International Adoption Partners who perform intermediary functions in their territorial scope.

In their actions on international adoption, the competent Public Entities will promote measures to achieve maximum coordination and collaboration between them. In particular, they shall ensure the homogenisation of procedures, deadlines and costs.

Article 6. The activity of intermediation in international adoption.

1. International adoption means any activity which is intended to intervene by contacting or in relation to the applicants for adoption with the authorities, organisations and institutions of the country of origin or residence of the child likely to be adopted and provide sufficient assistance for the adoption to be carried out.

2. The functions to be performed by the accredited entities for intermediation shall be as follows:

a) Information and advice to stakeholders on international adoption.

b) Intervention in the processing of adoption files with the competent authorities, both Spanish and foreign.

c) Advice and support for adoption applicants in the procedures that they must carry out in Spain and in the countries of origin of minors.

d) To intervene in the processing and to make the necessary arrangements for the fulfilment of the post-adoption obligations established for the adopters in the legislation of the country of origin of the least adopted entrusted, in the terms set out by the Public Entity for the Protection of Spanish Minors, which has accredited it.

3. The International Adoption Collaborating Entities will intervene in the terms and conditions set forth in this Law and in the rules of the Autonomous Communities.

4. The International Adoption Partner Entities may establish cooperation agreements between them in order to resolve oversold situations or for better compliance with their purposes.

Article 7. Accreditation, monitoring and control of the International Adoption Partner Entities.

1. Only the non-profit entities registered in the corresponding register, which have as their purpose in their statutes the protection of minors, may be accredited as International Adoption Entities. Multidisciplinary materials and equipment necessary for the development of the tasks entrusted and managed and managed by persons qualified for their moral integrity, training and experience in the field of adoption

Competent Public Entities shall ensure as much homogeneity as possible in the basic requirements for accreditation.

2. There shall be a specific public register of the accredited International Adoption Partners.

3. In the event that the foreign country for which the accreditation of the International Adoption Collaborating Entities is envisaged establishes a limit on the number of the same, the appropriate coordination between the competent Public Entities will be established. Spanish for the purpose of crediting the appropriate ones.

4. A maximum number of Spanish International Adoption Partners to credit for intermediation in a particular country may be established, through the appropriate coordination of all Public Entities, international adoption needs in that country, the adopted adoptions or other questions about the provision of international adoption possibilities therein.

5. The Public Entities may suspend or withdraw, by means of an adversarial file, the accreditation granted to those entities accredited to the intermediary who cease to comply with the conditions that motivated their concession or which infringe on their the legal system. This suspension or withdrawal of accreditation may take place either in general or for a specific country only.

In the event of the suspension and withdrawal of the accreditation of an International Adoption Contributing Entity by the competent Public Entity of an Autonomous Community, it will provide the most relevant information that on the instruction of the sanctioning file to the Public Entities of the other Autonomous Communities where it is also accredited, for the purpose of which they may initiate the investigation which, if any, they consider appropriate.

6. The International Adoption Collaborating Entities shall designate the person who shall act as the representative of the Entity and of the families to the authority of the country of origin of the child. The professionals employed by the International Adoption Partners in the countries of origin of the minors shall be considered as personnel assigned to the Entity, which shall be responsible for the acts of those professionals in the exercise of their duties. brokering functions. These professionals must be evaluated by the competent body for the Accreditation of the Contributing Entity.

7. It shall be for the Autonomous Communities responsible for the matter, the accreditation, monitoring and control of the International Adoption Collaborating Entities to act in their territorial scope, in accordance with the applicable autonomous regulations.

8. For the monitoring and control of the International Adoption Partners, the corresponding inter-regional coordination will be established with respect to those that are accredited in more than one Autonomous Community.

Article 8. Relationship of the adoption applicants and the International Adoption Partner Entities.

1. The International Adoption Contributing Entity and the adoption applicants shall formalise a contract relating exclusively to the brokering functions that the latter assumes with respect to the processing of the application for adoption.

The basic contract model must be previously approved by the competent Public Entity.

2. For the exclusive fulfilment of the competencies set out in Article 5.i) of this Law, the competent Public Entities shall create a record of the claims made by the persons who come to the Adoption Collaborating Entities. International who have accredited.

Article 9. Communication between competent Spanish authorities and competent authorities of other States.

The communication between the competent Spanish central authorities and the competent authorities of other States shall be coordinated in accordance with the provisions of the Convention on the Protection of the Child and Cooperation in international adoption, done at The Hague on 29 May 1993 and ratified by Spain by means of an Instrument of 30 June 1995, if the foreign authorities correspond to States which are part of the Hague Convention or other existing international treaties and conventions in the field of international adoption.

With respect to the other States, the same procedure will be sought.

CHAPTER III

Ability and requirements for international adoption

Article 10. Suitability of adopters.

1. The ability, fitness and motivation to exercise the right of power, taking into account the needs of the adopted children, and to assume the peculiarities, consequences and responsibilities of the adoption, are considered as appropriate.

2. To this end, the declaration of suitability will require a psychosocial assessment of the personal, family and relational situation of the adopters, and their ability to establish stable and secure links, their educational skills and their ability to to attend to a child according to their unique circumstances, as well as any other useful elements related to the uniqueness of international adoption.

The competent Public Entities shall seek the necessary coordination in order to homogenize the criteria for the assessment of suitability.

3. The declaration of suitability and the psychosocial reports relating thereto shall be valid for a maximum of three years from the date of its issue by the Spanish competent authority, provided that no substantial changes are made to the situation. personal and family members of the applicants who gave rise to such a declaration, subject, however, to the conditions and limitations laid down, where appropriate, in the autonomous legislation applicable to each case.

4. It is for the competent Public Entities in matters of child protection to declare the suitability of the adopters through the suitability reports, which shall be subject to the conditions, requirements and limitations laid down in the corresponding legislation.

5. In the process of declaration of suitability, any discrimination on grounds of disability or any other circumstance is prohibited.

Article 11. Post-adoption obligations of adopters.

1. The adopters must provide the information, documentation and interviews provided by the Public Entity for the Protection of Spanish Minors competent, or the Authorized Entity, in the time provided for the issuance of the reports post-adoption monitoring required by the Public Entity for the Protection of Children with jurisdiction in Spain or by the competent authority of the country of origin.

2. Adopters must meet in the time provided for the post-adoption procedures laid down by the legislation of the country of origin of the child adopted, receiving the necessary assistance and advice from the Public Protection Entities. of Minors and the International Adoption Collaboration Entities.

Article 12. The right to know the biological origins.

The persons adopted, reached the majority of age or during their minority of age represented by their parents, will have the right to know the data that they have on their origins in the power of the Spanish Public Entities, without prejudice to any limitations that may arise from the legislation of the countries where minors come from. This right shall be effective with the advice, assistance and mediation of the specialized services of the Public Entity for the Protection of Minors or organizations authorized for that purpose.

The competent Public Entities shall ensure the preservation of the information they have in relation to the child's origins, in particular information regarding the identity of their parents, as well as the medical history of the child. and your family.

The collaborating entities that would have mediated in the adoption should inform the Public Entities of the data they have on the origins of the child.

Article 13. Protection of personal data.

1. The processing and transfer of data derived from the fulfillment of the provisions of this Law will be subject to the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

2. The data obtained by the Public Entities or the International Adoption Collaborating Entities may only be processed for the purposes related to the development, in each case, of the functions described for each of them. in Articles 5 and 6.2 of this Law.

3. The international transfer of the data to foreign adoption authorities shall be carried out only in the cases expressly provided for in this Law and in the Hague Convention of 29 May 1993 on the protection of the child and the cooperation in the field of international adoption.

TITLE II

Rules of International Private Law on International Adoption

CHAPTER I

Competition for the constitution of international adoption

Article 14. International jurisdiction for the establishment of adoption in international cases.

1. As a general rule, the Spanish Courts and Tribunals shall be competent for the establishment of the adoption in the following cases:

(a) When the adoption is Spanish or has its habitual residence in Spain.

b) When the adopter is Spanish or has his habitual residence in Spain.

2. The Spanish nationality and the habitual residence in Spain shall be assessed, in any case, at the time of the submission of the application for adoption to the competent Public Entity.

Article 15. International jurisdiction for the modification, revision, declaration of nullity or conversion into full adoption of an adoption in international cases.

1. The Spanish Courts and Courts shall be competent for the declaration of invalidity of an adoption in the following cases:

(a) When the adoptee is Spanish or has his habitual residence in Spain at the time of filing.

b) When the adopter is Spanish or has his habitual residence in Spain at the time of filing.

c) When the adoption has been constituted by Spanish authority.

2. If the law applied to the adoption provides for the possibility of simple adoption, the Spanish Courts and Courts shall be competent for the conversion of simple adoption into full adoption in the cases referred to in the previous paragraph.

3. The Spanish Courts and Courts shall also be competent for the amendment or revision of an adoption in the same cases referred to in the first paragraph and also where the adoption has also been constituted by a foreign authority, provided that such adoption has been recognised in Spain.

4. For the purposes of this Law, it shall be understood by simple or less complete adoption of that constituted by a competent foreign authority whose effects do not correspond substantially to those provided for in the legislation

Article 16. Objective and territorial jurisdiction of the court.

1. The determination of the specific competent court of law and territorially for the establishment of international adoption shall be carried out in accordance with the rules of voluntary jurisdiction.

2. In the event that territorial jurisdiction cannot be determined in accordance with the preceding paragraph, it shall be for the judicial body to be elected by the adopters.

Article 17. Competence of the consuls in the constitution of international adoptions.

Provided that the receiving State does not object, or prohibit its legislation, in accordance with international treaties and other international standards of application, the consuls may constitute adoptions, in the case of the adopter is Spanish and the adopter has his habitual residence in the corresponding consular demarcation. The nationality of the adopter and the habitual residence of the adopter shall be determined at the time of commencement of the administrative file of adoption.

CHAPTER II

Law applicable to adoption

Section 1. Adoption governed by Spanish law

Article 18. Law applicable to the constitution of adoption.

1. The adoption by the Spanish competent authority shall be governed by the provisions of the Spanish material law in the following cases:

(a) When the adopter has his habitual residence in Spain at the time of the adoption.

b) When the adoption has been or will be transferred to Spain in order to establish its habitual residence in Spain.

Article 19. Ability to adopt and consents necessary.

1. The capacity of the adopting and the necessary consents of all the subjects involved in the adoption, will be governed by the national law of the adoption and not by the Spanish substantive law, in the following cases:

(a) If the adopter had his habitual residence outside Spain at the time of the adoption.

b) If the adopter does not acquire, by virtue of adoption, Spanish nationality, although residing in Spain.

2. The application of the national law of the adoption provided for in the first paragraph of this Article shall only apply where the competent Spanish authority considers that the validity of the adoption in the country concerned is facilitated by this law. nationality of the adopting.

3. The application of the national law of the adoption provided for in the first paragraph of this Article shall not apply in the case of stateless adopters or of undetermined nationality.

Article 20. Consents, hearings and authorizations.

Without prejudice to the provisions of Article 18, the Spanish authority responsible for the establishment of the adoption may also require the consents, hearings or authorizations required by national law or by law. of the habitual residence of the adopter or the adopter, provided that these circumstances are met:

(a) That the requirement of such consents, hearings or authorizations has an impact on the adoption. It will be understood that it is "interest in the adoption", particularly if the taking into consideration of foreign laws facilitates, according to judicial criteria, the validity of the adoption in other countries connected with the supposed and only to the extent that this is so.

b) That the requirement of such consents, hearings or authorizations be requested by the adopter or by the Fiscal Ministry.

Section 2. Adoption governed by a foreign law

Article 21. Law applicable to the constitution of adoption.

1. Where the adoption does not have its habitual residence in Spain, and in addition has not been or is not to be transferred to Spain in order to establish its habitual residence in Spain, the constitution of the adoption shall be governed:

(a) By the law of the country to which he has been or is to be transferred by adopting in order to establish his habitual residence in that country.

b) In default of the above criterion, by the law of the country of the habitual residence of the adopting.

2. The Spanish authority responsible for the establishment of the adoption may take into account the requirements for the ability of the adoption and the necessary consents of all the parties involved in the adoption, provided for in the national law of the (a) where such authority considers that the observance of such requirements facilitates the validity of the adoption in the country corresponding to the nationality of the adopter.

3. The Spanish authorities may also take into account the consents, hearings or authorizations required by national law or by the law of the habitual residence of the adopter or by adopting, in the event that such authority considers that Compliance with such requirements facilitates the validity of adoption in other countries connected with the assumption.

Section 3. Common Provisions

Article 22. Law applicable to the conversion, nullity and revision of the adoption.

The above criteria for determining the law applicable to the adoption of the adoption shall also apply in order to specify the law applicable to the conversion, nullity and revision of the adoption.

Article 23. Spanish international public order.

In no case will the application of a foreign law proceed when it is manifestly contrary to the Spanish international public order. To this end, account will be taken of the best interests of the child and the substantial links between the case with Spain. Aspects of adoption that cannot be governed by a foreign law, as it is contrary to Spanish international public order, will be governed by Spanish substantive law.

Article 24. Previous proposal for adoption.

The Public Entity corresponding to the last place of habitual residence of the adopter in Spain, will be competent to formulate the previous proposal of adoption. If the adopter did not have a residence in Spain in the last two years, no prior proposal will be necessary, but the consul will seek from the authorities of the place of residence of that sufficient report to assess its suitability.

CHAPTER III

Effects in Spain of adoption constituted by foreign authorities

Article 25. International standards.

The adoption constituted by foreign authorities will be recognized in Spain under the terms of the international treaties and conventions and other rules of international origin in force for Spain, and, in particular, with (a) to the Hague Convention of 29 May 1993 on the protection of the child and cooperation in the field of international adoption. Such rules will prevail, in any case, on the rules contained in this Law.

Article 26. Requirements for the validity in Spain of adoptions constituted by foreign authorities in default of international standards.

1. In the absence of international treaties and conventions and other rules of international origin in force for Spain which are applicable, the adoption constituted by foreign authorities will be recognized in Spain as adoption if the Following requirements:

1. º That has been constituted by competent foreign authority.

The adoption must have been constituted by foreign public authority, whether or not it is judicial. It is considered that the foreign authority that constituted the adoption is internationally competent if the forums collected in its own law were respected, in the constitution of the adoption.

Notwithstanding the above rule, in the event that the adoption does not present reasonable connections of origin, family history or other similar orders with the country whose authority has constituted the adoption, it will be estimated that the foreign authority lacked international competence.

2. º That has been constituted according to the law or state laws designated by the conflict rules of the country of which the foreign authority that constituted the adoption depends.

For this purpose, if the Spanish authority finds that no declaration of will has been given or the consent required by the foreign law of the establishment of the adoption has not been expressed, that requirement may be completed in Spain, before the competent Spanish authorities in accordance with the criteria contained in this Law, or before any other competent foreign authority.

2. Where the adopter or the adopter is Spanish, the adoption constituted by a foreign authority must have the legal effects which correspond, in a substantial way, to the effects of the adoption of the regulation in Spanish law.

The legal name of the institution in foreign law will be irrelevant.

In particular, the Spanish authorities will control that the adoption of foreign authorities will result in the extinction of substantial legal links between the adopted and the previous family, which will bring about the same affiliation links that are of the nature of the parentage and that are irrevocable by the adopters.

When the foreign law admits that the adoption constituted under its amparo may be revoked by the adopter, it will be indispensable that it, before the transfer of the minor to Spain, renounces the exercise of the faculty of revoking it. The waiver must be formalized in public document or by appearance before the Encharged of the Civil Registry.

3. Where the adopter is Spanish and resident in Spain, the competent Spanish Public Entity shall declare its suitability prior to the establishment of the adoption by the foreign competent body. Such a declaration of suitability shall not be required in cases where the adoption in Spain would not have been required.

4. If the adoption of the adoption before the competent foreign authority is Spanish, the consent of the Public Entity corresponding to the last residence of the adoption in Spain will be necessary.

5. The document setting out the adoption of a foreign authority shall meet the formal requirements of authenticity consisting of legalisation or apostille and in the translation into Spanish official language. Exempt documents from legalisation or translation are excepted under other existing rules.

Article 27. Control of the validity of the adoption constituted by foreign authority.

The Spanish public authority to which the question of the validity of an adoption constituted by foreign authority is raised, and in particular, the Encharged of the Civil Registry in which the registration of the adoption is called incorporated abroad, will, incidentally, monitor the validity of such adoption in Spain in accordance with the rules contained in this Law.

Article 28. Requirements for the validity in Spain of foreign decisions for the conversion, modification or nullity of an adoption.

The decisions of the foreign public authority under which the conversion, modification or nullity of an adoption is established shall have legal effects in Spain in accordance with the requirements set out in Article 26 of this Regulation. Law.

Article 29. Registration of the adoption in the Civil Registry.

When international adoption has been established abroad and adopters have their registered office in Spain, they may apply for the registration of the child's birth and the marginal adoption in accordance with the rules contained in the Articles 12 and 16.3 of the Civil Registry Act.

Article 30. Simple or less fully legally constituted adoption by foreign authority.

1. Simple or less full adoption by foreign authorities shall take effect in Spain, as simple or less full adoption, if it complies with the national law of the adopted pursuant to Article 9.4 of the Civil Code.

2. The national law of the adopted in simple or less complete form shall determine the existence, validity and effects of such adoptions, as well as the attribution of the parental authority.

3. Simple or less full adoptions shall not be the subject of registration in the Spanish Civil Registry as adoptions or the acquisition of Spanish nationality in accordance with Article 19 of the Civil Code.

4. Single or less full adoptions constituted by a competent foreign authority may be transformed into the adoption of Spanish law when the requirements for this are met. Conversion shall be governed by the law determined in accordance with the provisions of this Law. Simple or less full adoption will be considered as a family welcome.

To urge the relevant court case, the prior proposal of the competent Public Entity will not be necessary.

In any case, for the conversion of a simple or less full adoption to a full adoption, the competent Spanish authority shall examine the concurrence of the following:

(a) That the persons, institutions and authorities whose consent is required for adoption have been adequately advised and informed on the consequences of their consent, on the effects of the adoption and, on concrete, on the extinction of legal links between the child and his family of origin.

b) That such persons have freely expressed their consent in the form legally provided for and that this consent has been given in writing.

c) That consents have not been obtained by payment or compensation of any kind and that such consents have not been revoked.

d) That the mother's consent, when required, has been given after the child's birth.

e) That, taking into account the age and degree of maturity of the child, the child has been appropriately advised and informed about the effects of the adoption and, where required, consent to the adoption.

f) That, taking into account the age and degree of maturity of the child, the child has been heard.

g) That, when the consent of the minor is sought in the adoption, it is examined that the child has freely expressed it, in the form and with the formalities legally provided, and without having mediated any price or compensation of any class.

Article 31. International public order.

In no case will the recognition of a foreign decision of simple adoption, or less full, if it produces effects manifestly contrary to the Spanish international public order. For this purpose, the best interest of the child shall be taken into account.

TITLE III

Other child protection measures

CHAPTER I

Competition and applicable law

Article 32. Competence for the establishment of other measures for the protection of minors.

Competition for the constitution of other measures for the protection of minors shall be governed by the criteria laid down in the Treaties and international conventions and other rules of international origin in force for Spain. In its absence, the provisions of Article 22.3 of the Organic Law 6/1985, of July 1, of the Judicial Branch will be observed.

Article 33. Law applicable to other child protection measures.

The law applicable to other measures for the protection of minors shall be determined in accordance with international treaties and conventions and other rules of international origin in force for Spain. Failing this, the provisions of Article 9.6 of the Civil Code shall be observed.

CHAPTER II

Effects of foreign decisions on child protection.

Article 34. Legal effects in Spain of decisions concerning institutions for the protection of minors who do not have affiliation links agreed by foreign authorities.

1. Institutions for the protection of minors constituted by a foreign authority and which, according to the law of their constitution, do not determine any link of affiliation, shall be treated as family accommodation or, where appropriate, a guardianship, governed by the law If the following requirements are met:

1. º that the substantial effects of the foreign institution are equivalent to those of the family reception or, where appropriate, those of a guardianship, provided for by the Spanish law.

2. That the protection institutions have been agreed by a competent foreign authority, whether judicial or administrative. The foreign authority which constituted the protection measure shall be deemed to be internationally competent if the competition fora collected in its own law were respected.

Notwithstanding the above rule, in the event that the institution of protection does not present reasonable connections of origin, family history or other similar orders, with the country whose authority has This institution shall be deemed to have no international jurisdiction.

3. The institution of foreign protection must have been constituted under the law or state laws designated by the conflict rules of the country of the foreign authority that the institution agreed to.

4. º that the document in which the institution constituted before foreign authority consists of the formal requirements of authenticity consisting of legalisation or apostille and in translation into the official Spanish language. Exempt documents from legalisation or translation are excepted under other existing rules.

2. In no case shall the recognition of a foreign decision relating to these institutions take place if it has effects manifestly contrary to the Spanish international public order.

Single additional disposition. Public Entities for the Protection of Minors.

The Public Entities for the Protection of Minors mentioned in this Law are those designated by the Autonomous Communities and the Cities of Ceuta and Melilla, in accordance with their respective organizational rules.

Single repeal provision. Organic Law of Legal Protection of the Child.

Article 25 of the Organic Law 1/1996, of 15 January, of Legal Protection of the Child and of partial modification of the Civil Code and the Law of Civil Procedure is repealed.

Final disposition first. Modification of certain articles of the Civil Code.

Final disposition first. Modification of certain articles of the Civil Code.

One. Article 9 (5) is worded as follows:

" International adoption will be governed by the rules contained in the International Adoption Act. Similarly, adoptions constituted by foreign authorities shall have effects in Spain in accordance with the provisions of the International Adoption Law. "

Two. Article 154 is worded as follows:

" Unemancipated children are under parental authority.

The parental authority will always be exercised for the benefit of the children, according to their personality, and with respect to their physical and psychological integrity.

This power comprises the following duties and powers:

1. Vellar for them, have them in your company, feed them, educate them and provide them with comprehensive training.

2. Represent them and manage their assets.

If children have sufficient judgment, they should always be heard before making decisions that affect them.

Parents may, in the exercise of their power, seek the assistance of the authority. "

Three. Paragraphs 3 and 6 are amended and two new paragraphs 7 and 8 are added to Article 172, which are amended as follows:

" 3. The guardian assumed at the request of the parents or guardians or as a function of the guardianship by law ministry, will be carried out by the family reception or the residential accommodation. The family reception shall be carried out by the person or persons determined by the Public Entity. The residential accommodation shall be exercised by the Director of the centre where the child has been taken.

The child's parents or guardians may object within two months to the administrative decision that the host will have when they consider that the agreed modality is not the most suitable for the child or if they exist. within the family circle other people more suited to the designated ones.

6. Resolutions that appreciate the lack of protection and declare the assumption of protection by the Ministry of the Law will be subject to civil jurisdiction within the time and conditions specified in the Law of Civil Procedure, without the need for a complaint. prior administrative.

7. During the period of two years from the notification of the administrative decision declaring the abandonment, the parents who continue to hold the parental authority but have it suspended as provided for in the first of the following Article, they are legitimized to request that the suspension cease and the declaration of lack of protection of the child be revoked, if for the circumstances that motivated it, they understand that they are in a position to assume again the homeland power.

They are equally legitimate during the same period to oppose decisions to be taken regarding the protection of the child.

This time limit will decrease your right of application or opposition to decisions or measures to be taken for the protection of the child. However, they may provide information to the public entity and the Prosecutor's Office about any change in the circumstances that led to the declaration of distress.

8. The public entity, ex officio, or at the request of the Prosecutor's Office or of the person or entity concerned, may at any time revoke the declaration of helplessness and decide the return of the child with his family if he is not integrated in a stable manner in another family or if you understand that it is best in the interest of the child. Such decision shall be notified to the Ministry of Taxation. '

Four. A new number is added to Article 180, which is worded as follows:

" 5. The persons adopted, reached the age of majority or during their minority of age represented by their parents, will have the right to know the data on their biological origins. The Spanish public authorities for the protection of minors, after notification to the persons concerned, shall provide, through their specialised services, the advice and assistance required by the applicants in order to make this right effective. "

Five. Article 268 is worded as follows:

" The guardians shall exercise their charge according to the personality of their pupils, respecting their physical and psychological integrity.

When necessary for the exercise of the guardianship they may obtain the aid of the authority. "

Final disposition second. Certain articles of Law 1/2000 of 7 January of Civil Procedure are amended.

One. A new Article 141a is added to the Civil Procedure Act with the following text:

" 1414a.

In the cases provided for in the previous two articles, in the simple copies, testimonials and certifications issued by the Judicial Secretaries, whatever support is used for this, when necessary to protect the best interests of minors and to preserve their privacy, the personal data, images, names and surnames, addresses, or any other data or circumstances that may be directly or indirectly allowed to be protected identification. "

Two. A new final paragraph is added to Article 164 of the Civil Procedure Act with the following text:

" Article 164.

In any case in the communication or publication referred to in the preceding paragraphs, in the interests of the best interests of minors and in order to preserve their privacy, personal data, names and surnames must be omitted. address, or any other data or circumstances that may directly or indirectly permit identification. "

Three. Article 779 is worded as follows:

" Article 779. Preferential nature of the procedure. Competence.

The procedures in which the opposition to administrative decisions on child protection will be substantiated will be of a preferential nature.

It shall be competent to hear from them the Court of First Instance of the domicile of the protective entity and, failing that, or in the cases of Articles 179 and 180 of the Civil Code, the jurisdiction shall correspond to the Court of domicile of the adopter. '

Four. Article 780 (1) is worded as follows:

" 1. The prior complaint shall not be necessary on the administrative basis in order to express opposition to administrative decisions in the case of child protection before the civil courts.

The opposition to the administrative decision declaring a child's distress may be formulated within three months of its notification, and within two months the opposition to the other resolutions Administrative procedures for the protection of minors. "

Five. The first paragraph of Article 781 is worded as follows:

"1." 1. Parents who intend to recognize the need for their consent for adoption may appear before the court that is aware of the relevant file and manifest it. The court, with the suspension of the file, shall state the time limit which it considers necessary for the filing of the application, which shall not exceed 20 days. The application shall be filed in accordance with the provisions of Article 753 of this Law. "

Final disposition third. Law of Demarcation and Judicial Plant.

The first paragraph of Article 25 of Law 38/1988 of 28 December of Demarcation and of the Judicial Plant is worded as follows:

" In the Ministry of Justice, with the membership to be determined by its Organic Regulations, there may be up to ten seats served by judges or magistrates, 10 by prosecutors, 10 by judicial secretaries and two by doctors. forensics. "

Final disposition fourth. Civil Registry Law.

Article 63 (2) of the Act of 8 June 1957, of the Civil Registry, shall be amended to read as follows:

" 2. The competent authorities for the processing and resolution of applications for the acquisition of nationality by residence, for the sole purpose of resolving the application submitted by the person concerned, shall seek to obtain the Competent public administrations how many reports are necessary to check whether the applicants meet the requirements of Article 22 of the Civil Code, without the consent of the data subjects being required. "

Final disposition fifth. Competence title.

1. Articles 5, 6, 7, 8, 10, 11 and the first final provision are made under the exclusive competence of the State in the field of civil legislation recognised by Article 149.1.8. of the EC, without prejudice to the conservation, modification and development by the Autonomous Communities of civil, foral or special rights, where they exist and the rules adopted by them in the exercise of their powers in this field.

2. Article 12 is issued in accordance with the provisions of Article 149.1.1. of the Spanish Constitution. The other articles of this Law are dictated by the exclusive powers of the State in matters of international relations, administration of justice and civil legislation recognized by Article 149.1.3., 5. and 8. Spanish.

Final disposition sixth. Entry into force.

1. This Law shall enter into force on the day following that of its publication in the Official Gazette of the State.

2. The Government is enabled for the approval of the regulatory standards necessary for its implementation.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, December 28, 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO