JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

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

PREAMBLE

The regulation of adoption has been the subject of successive reforms in Spain until Law 7/1970, of July 4, with the slight retouches that introduced the Laws 11/1981, of 13 May, and 30/1981, of July 7. In spite of the modernization that could be assumed by the modification of the Civil Code operated in 1970 and the good intentions of the legislator, it is necessary to recognize that the current regime has not fully satisfied the social function that it has to comply with this institution, because of the existence of a series of defects and inadequacies that the experience accumulated over the years has highlighted.

In the previous legislation, there was an almost absolute lack of control of the actions preceding the adoption, which is necessary if the latter is to respond to its true social purpose of protecting minors. private of a normal family life. This lack of control sometimes allowed the hateful traffic of children, reported in the media, and gave rise, at other times, to an inadequate selection of adopters. From another point of view, the treatment of child abandonment cases was inappropriate because, due to its rigidity, it prevented or hindered in practice the performance of adoptions at all recommended lights. It is also possible to cite, as other disadvantages, the indiscriminate possibility of adoption of the elderly and the same survival of the figure of simple adoption, reduced to a residual form of little legal significance and which only used on most occasions for marginal purposes not worthy of special protection.

It has been estimated, at last, that the system was not sufficiently well founded on the necessary primacy of the interest of the adoptee, which must prevail, without totally dispensing with them, on the other interests at stake in the course of adoption, such as those of adopters and those of the parents or guarders of the adoptee.

This Law seeks, on the contrary, to base the adoption on two fundamental principles: the configuration of the same as an instrument of family integration, essentially referring to those who need it most, and the benefit of the adopted that overlays, with the necessary balance, any other legitimate interest underlying the process of constitution. Such purposes of family integration and of achievement, as a matter of priority, of the interest of the child, are served in the legal text by the consecration of the complete rupture of the legal bond that the adopted one maintained with his family. above, and the creation "eope legis" of a relationship of affiliation to which the general rules of affiliation contained in Articles 108 et seq. of the Civil Code are applicable.

The first of these principles leads to the fact that in the future the adoption of only goat, with the exception of very exceptional cases, for minors and who, as a previous figure, is not essential, but which is expected to be used with frequency, the family reception is regulated in particular detail. The latter is an important novelty, which has its paragon in various European rights and which involves giving legal status of first order to an institution is today regulated by scattered administrative rules. It has been estimated that the figure has the necessary substance to be worthy of inclusion in the Civil Code, which will also be achieved by unifying divergent practices and spreading its application. The Law seeks to give a legal content, essentially personal, to the relationship that is created between the child and the person or persons entrusted to it, not forgetting the rights of parents by nature. Finally, it is noteworthy that, although the reception is formalized at the administrative level, it does not cease to be subject, since its initiation, to the surveillance of the Fiscal Ministry and the necessary judicial control.

As a complement to the family reception and adoption and as a previous step for the clearer regulation of both institutions, this Law gives rules on the protection and keeping of the homeless. Changing the criterion to which the previous Article 239 responded, it has been estimated, taking into account the urgency of the case, that the situation of relief must give rise to an automatic guardianship by the public entity to which it corresponds in the territory the protection of minors. The guardian of these, always under the superior supervision of the Prosecutor, who will be able to propose to the Judge the measures of protection that it considers necessary, is entrusted to the own Entity, that it will be able to act well through the Directors of the establishments public or private that they depend on, or on people who formalise family accommodation.

The primacy of the interest of the child, which has been referred to above, has its reflection, for example, in the need to have their consent, for adoption or for the reception, from the age of twelve, which will involve also, undoubtedly, the special assessment of their refusal when, even being less of that age, has sufficient judgment. But, moreover, the same principle inspires all the various guarantees that accompany the constituent procedure of acceptance or adoption. It should be noted that, with this view, adoption will no longer be a simple private business between the adopter and the parents by nature, but the appropriate selection of the latter is sought, thereby contributing to the abolition of the of unreliable or ill-intentioned intermediaries.

In this same line, the key part of the new law is the public or private institutions that collaborate with them and which are entrusted, in an almost exclusive way, with the adoption proposals and, in any case, the placement of children under a family accommodation scheme. With regard to the private partners, the control of the administration and the establishment of essential requirements for the qualification as such are already indicated, without prejudice to other regulatory development, in an additional provision. It is not hidden, of course, that the success of the reform will be largely conditioned by the proper functioning of these institutions. While every legislative novelty is in danger, and more when the system changes completely, it has been estimated that the chosen path is the only viable way to give the adoption procedure serious and security.

This procedure, for the rest, remains judicial in nature and the necessary intervention of the Public Ministry is maintained. The procedure, in any case, is simplified because the final notarial stage disappears and because, without the necessary guarantees, the Law allows to do without, if not the basic consent of the adopter and adopted, if of other of persons specially linked to each other.

It would be useful to list several other details of the new regulation, for which the technical improvements offered by the comparative law and the very recent reforms in different legislations have always been present. Perhaps it would be worth noting the strengthening of adoption, which is a result of the reduction of cases where it is possible to decree the extinction by judicial means. As for the elimination of simple adoption, it is a consequence of the new ideology that this institute responds to.

The amendment to the corresponding paragraph of Article 9 of the Civil Code on Private International Law is an additional requirement of this Law. In addition to eliminating discrimination against women, it has sought to establish a clearer and more easily practical regulation. To this end, it has been distinguished between the effects of any filiation, including the adoption, that must be governed by the personal law of the child, as a person most in need of protection, and the constitution of the adopted filiation. In this second aspect, adoptions incorporated in Spain are generally governed by the Spanish law; exceptions, easily understandable, tend to the best protection of the adopted. With regard to adoptions incorporated abroad, the powers of the consuls of Spain are set aside, and a system is to be established, on the other hand, to ensure that adoptions formalised by competent foreign authorities can achieve full effects in the Spanish order.

Finally, questions of transitional law have their right solution in two brief provisions of this nature, which seek to resolve clearly the thorny problems that legislative renewal entails.

It is hoped, in short, that this Law will bring about the adoption of the full fulfillment of its most important social function for the benefit of the most needy that the Spanish community unanimously demands today.

Article first.

Article 9 (4) and (5) of the Civil Code shall be worded as follows:

4. The character and content of the parentage, including the adoptive, and the parental-affiliated relations, shall be governed by the Personal Law of the child.

5. The adoption of a Spanish law will be governed by the provisions of the Spanish Law. However, the national law of the adoption in respect of its capacity and consents must be observed: 1. If it has its habitual residence outside Spain. 2. Although it resides in Spain, if it does not acquire, by virtue of the adoption the Spanish nationality.

At the request of the adopter or the Prosecutor's Office, the Judge, in the interest of the adoption, may also require the consents, hearings or authorizations required by the national law or the law of the habitual residence of the adopting or adopting.

For the adoption of the adoption, the Spanish consuls will have the same privileges as the Judge, provided that the adopter is Spanish and the adopter is domiciled in the consular demarcation. The prior proposal will be formulated by the public entity corresponding to the last place of residence of the adopter in Spain. If the adopter has never been resident in Spain, 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.

In the adoption constituted by the competent foreign authority, the Law of the adopter will govern in terms of capacity and consents necessary. The consents required by such law may be provided to an authority of the country in which the constitution was initiated or, subsequently, to any other competent authority. Where appropriate, for the adoption of a Spanish, the knowledge of the public entity corresponding to the last residence of the adoption in Spain will be necessary.

Article 2.

Chapter V of Title VII of book I of the Civil Code, which includes Articles 172 to 180, shall be drawn up under the heading "Of adoption and other forms of protection of minors", with the following content:

First Section

From child care and child care

Article 172.

1. The public entity to which, in the respective territory, is entrusted with the protection of minors, has by law ministry the protection of those who find themselves in a situation of helplessness. It is considered as a situation of distress that it occurs in fact because of the non-compliance, or of the impossible or inadequate exercise of the protective duties established by the laws for the guardian of the minors, when these are deprived of the necessary moral or material assistance.

2. The public entity shall assume only the guardian for the necessary time, when those who have power over the child so request, justifying it not to be able to care for illness or other serious circumstances, or when the Judge agrees in the cases where legally applicable.

3. The keeper may, under the supervision of the public entity, exercise by the director of the house or establishment in which the child is interned or by the person or persons who receive it in reception.

4. The child's reintegration into the family itself will be sought and the siblings ' guardian or host will be entrusted to the same institution or person, as long as it is in the interest of the child.

Article 173.

1. Welcoming the child's full participation in the family life and imposes on those who receive them the obligations to watch over him, to have him in his company, to feed him, to educate him and to provide him with a comprehensive education.

2. It shall be formalised in writing, with the consent of the public entity, whether or not it has the protection of the persons receiving the child and of the child if he or she has been completed for twelve years, with the expression of his or her gainful character. Where the parents who are not deprived of the parental authority or the guardian are known, it is necessary, in addition, to consent to the reception. If they object to the same or do not appear, the acceptance may only be agreed by the Judge, in the interest of the child, in accordance with the procedures of the Law of Civil Procedure.

3. The child's reception shall cease:

1. ° By judicial decision.

2. ° By decision of the persons who have received it, upon communication from them to the public entity.

3. At the request of the guardian or parents who have parental authority and claim their company.

It will be a precise judicial decision of cessation when the reception has been arranged by the Judge.

4. All performances of formalization and cessation of the reception will be practiced with the convenient reservation.

Article 174.

1. The Prosecutor is responsible for the superior supervision of the protection, reception or keeping of minors referred to in this Section.

2. To this end, the public entity will give you immediate news of the new income of minors and will send you a copy of the writings of formalization of the reception. The Prosecutor shall, at least semi-annually, verify the child's situation and shall promote to the Judge the protective measures which he considers necessary.

3. The oversight of the Fiscal Ministry shall not exempt the public entity from its responsibility to the child and its obligation to bring to the attention of the Fiscal Ministry the anomalies that it observes.

Section Second

From Adoption

Article 175.

1. Adoption requires the adopter to be twenty-five years old. In the adoption by both spouses it is sufficient that one of them has reached that age. In any case, the adaptation must be at least fourteen years longer than the one adopted.

2. Only the least non-emancipated minors may be adopted. By way of derogation, it will be possible to adopt a higher age or an emancipated minor when, immediately before the emancipation, there has been a situation which has not been interrupted or cohabitation, initiated before the adoption of the fulfilled the years.

3. Cannot be adopted:

1. ° To a descendant.

2. ° To a second-degree relative of the collateral line by consanguinity or affinity.

3. ° To a pupil by his or her guardian until the justified general account of the guardianship has been definitively approved.

4. Outside of adoption by both spouses, no one can be adopted by more than one person. In the event of the death of the adopter, or where the adopter suffers the exclusion provided for in Article 179, a further adoption of the adopter is possible.

Article 176.

1. The adoption is constituted by a judicial decision, which will always take into account the interest of the adoption.

2. The prior proposal of the Public Entity is required to initiate the adoption file.

However, no proposal is required when one of the following circumstances is present:

1. A third degree orphan and relative of the adopter in third degree by consanguinity or affinity.

2. Be a child of the adopter consort.

3. Take more than one year legally accepted by the adopter or have been under your tutelage for the same time.

4. Be older or less emancipated.

3. In the first three cases of the preceding number, the adoption may be made, even if the adopter has passed away, if he has already given his consent to the Judge. The effects of the judgment in this case will be rolled back to the date of delivery of such consent.

Article 177.

1. They shall consent to the adoption, in the presence of the Judge, the adopter or adopters and the adoption of more than twelve years.

2. They shall agree to the adoption in the form laid down in the Civil Procedure Act:

1. ° The spouse of the adopter, unless legal separation is made by a firm judgment or separation of fact by mutual agreement that is provided by the law.

2. ° The parents of the adopting, unless they are legally deprived of the parental authority or are found to be in cause for their deprivation or that the son is emancipated.

No assent will be required when those who need to lend it are unable to do so.

Mother's consent may not be provided until thirty days have elapsed since delivery.

3. They shall be simply heard by the Judge:

1. ° Parents who have not been deprived of parental authority, when their consent is not necessary for adoption.

2. ° The tutor and, if applicable, the keeper or keeper.

3. ° The adoption of less than twelve years, if it has sufficient judgment.

Article 178.

1. The adoption produces the extinction of the legal links between the adopted and its previous family,

2. The legal links with the paternal or maternal family, as the case may be, shall be:

1. ° When the adopted is the child of the spouse of the adopter, even if the consort is deceased.

2. Where only one of the parents has been legally determined and the adopter is a person of different sex to that of the parent, provided that such effect has been requested by the adopter, the adopter of 12 years and the father or mother whose link is to persist.

3. The provisions of the above paragraphs are without prejudice to the provisions on matrimonial impediments.

Article 179.

1. The Judge, at the request of the Prosecutor's Office, of the adopted or of his legal representative, shall agree that the adopter who has incurred in the cause of deprivation of the fatherland power, is excluded from the duties and the rights which the law gives him correspond to the adoptee or its descendants, or to its inheritances.

2. Once full capacity was achieved, exclusion could only be requested by the adoptee, within two years.

3. These restrictions will cease to affect the child's own determination after full capacity has been achieved.

Article 180.

1. Adoption is irrevocable.

2. The Judge shall agree to the termination of the adoption at the request of the father or mother who, through no fault of his own, did not intervene in the file in the terms of Article 177. It will also be necessary for the application to be brought within two years of the adoption and that the extinction requested does not seriously harm the child.

3. The extinction of the adoption is not a cause of loss of nationality or of the civilian vicinity acquired, nor does it achieve the heritage effects previously produced.

4. The determination of the parentage that is of a nature to the adopted does not affect the adoption.

Third item.

In the text of the Civil Code and other legal provisions, the so-called "full adoption" is understood to be replaced, hereafter, by the adoption of this Law.

Article 4.

Articles 160, 161, 164 and 165 of the Civil Code will have the following wording:

Article 160.

The father and the mother, even if they do not exercise the parental authority, have the right to relate to their best children, except those adopted by another or in accordance with the provisions of the judicial resolution.

They will not be able to prevent them without just cause personal relationships between the son and other relatives and those close to him.

In the event of opposition, the Judge, at the request of the minor or the relative or close, will resolve the circumstances.

Article 161.

Dealing with the child, the right that his parents have to visit and relate to him, may be regulated or suspended by the Judge, attended to the circumstances and the interest of the child.

Article 164.

Parents will administer the children's assets with the same diligence as their own, fulfilling the general obligations of every administrator and the special obligations set forth in the Mortgage Act.

Except for paternal administration:

1. Goods purchased free of charge when the available has been ordered expressly. The will of the latter on the administration of these goods and the fate of their fruits will be strictly adhered to.

2. Those acquired by succession in which the father, mother or both had been justly disinherited or could not have inherited because of indignity, which shall be administered by the person designated by the deceased and, in his absence and in succession, by the other parent or by a specially appointed judicial administrator.

3. Those that the eldest son of sixteen years would have acquired with his job or industry. The ordinary administrative acts will be performed by the child, who will need the consent of the parents for those who exceed it.

Article 165.

They always belong to the child not emancipated the fruits of their goods, as well as everything they acquire with their work or industry.

However, parents may allocate those of the child who lives with both or with one of them, in the part that corresponds to them, to the lifting of the family charges, and shall not be obliged to account for what they have done. consumed in such attentions.

To this end, the parents, to the appropriate extent, will be given the fruits of the goods that they do not administer. The fruits of the goods referred to in the numbers 1 and 2 of the previous article and those of those donated or left to the children specially for their education or career are excepted, but if the parents have no means, they may ask the Judge to Give them the share that is in equity.

Article 5.

Articles 222, 229. 232, 239 and 321 of the Civil Code shall be worded as follows:

Article 222.

Will be subject to guardianship:

1. Non-emancipated minors who are not under the parental authority.

2. ° The disabled, when the statement has set it.

3. ° The subjects to the parental authority extended, at the end of the period, unless the curatelle proceeds.

4. ° Children who are in distress.

Item 229.

They will be obliged to promote the constitution of the guardianship, from the moment they know the fact that will motivate her, the relatives called to her and the person under whose guard the child is found or incapacitated, and if not They shall be jointly and severally liable for compensation for the damage caused.

Article 232.

The guardianship will be exercised under the supervision of the Fiscal Ministry, which will act on its own initiative or at the request of any interested party.

You may at any time require the guardian to inform you of the situation of the child or of the incapacitated and of the state of the management of the guardianship.

Article 239.

The guardianship of the homeless is by Law to the entity referred to in Article 172.

However, the appointment of a guardian according to the ordinary rules shall be carried out, where there are persons who, for their relations with the child or for other circumstances, may assume the guardianship with benefit to the child.

Article 321.

The Judge may also, after a report of the Prosecutor's Office, grant the benefit of the highest age to the guardian of the age of 16 who will apply for it.

Article 6.

Rule 16 of Rule 63 of the Civil Procedure Act will be as follows:

16. In the case of family or adoption proceedings or in connection with the duties of protection entrusted to the relevant public bodies, the Judge at the address of the institution and, failing that, that of the institution, shall be competent. domicile of the adopter. In the proceedings referred to in Articles 179 and 180 of the Civil Code, the Judge at the address of the adopter shall have jurisdiction.

Item seventh.

The second title of the third book of the Civil Procedure Law will be worded as follows:

TITLE SECOND

From Child Welcome and Adoption

First Section

Common Rules

Article 1,825.

The actions covered by this title will all be carried out with the intervention of the Prosecutor's Office. The persons concerned may act under the direction of lawyer.

Article 1,826.

The Judge may order the practice of how many proceedings he deems appropriate to ensure that the adoption, acceptance or cessation of proceedings is beneficial to the child.

All performances will be carried out with the appropriate reservation, avoiding in particular that the family of origin has knowledge of what the adoptive is.

The order ending the file will be subject to appeal only.

Article 1,827.

In the event of an opposition of any interested party, the provisions of Article 1,817 shall not apply, except in the case that the parents cited only for hearing appear to the effect that their assent is necessary, in which case the file will be interrupted, and the opposition will be heard before the same Judge for the proceedings of the verbal judgment.

Section 2

The Welcome

Article 1,828.

The constitution of the reception, when required by a court decision, will be promoted by the Ministry of Public Prosecutor or the corresponding public entity.

The judge, seeking the consent of the public entity, if not the promoter of the file, of the persons who receive the child and of the child since he was twelve years old, will hear the parents who are not deprived of the homeland the power or suspended in his or her exercise, or the guardian, where appropriate, and the child of twelve years of age who has sufficient judgment, and shall order a self within the five-day period, resolving the matter in the interests of the child.

When the address or whereabouts of the parents or guardians has not been known or if they do not appear, the procedure will be waived and the Jaez will be able to agree on the reception.

The initiation of the case of judicial cessation of the reception shall take place on its own initiative or at the request of the child of his legal representative, of the public entity, of the Fiscal Ministry, or of the persons who have received it.

The Judge may agree to the cessation of the reception after hearing the public entity, the child, his legal representative and those who have received it.

Against the car that agrees to the constitution of the reception or its cessation is an appeal of appeal in one effect.

Section Three

From Adoption

Article 1,829.

In the adoption proposal, formulated to the Judge by the public entity, they will be expressed especially:

(a) The personal, family and social conditions and means of life of the adopted adopter or adopters and their relations with the adopter, in detail of the reasons justifying the exclusion of other stakeholders.

(b) Where appropriate, the last known address of the spouse of the adopter, when he has to give his consent, and that of the parents or guarders of the adoption.

c) If some and others have formalized their assent to the public entity or authentic document. Consent may be revoked if the revocation is notified to the entity prior to the filing of the Court's proposal.

In cases where no prior proposal of the public entity is required, in accordance with Article 176 of the Civil Code, the application made to the Judge by the adopter shall express the contained in the preceding paragraphs as soon as they are applicable, and the allegation and evidence leading to the evidence that in the course of the adoption, some of the circumstances required by that article are met.

The proposal will present the documents referred to in the previous paragraphs, where appropriate the reports of the collaborating entity, and how many reports or documents are deemed appropriate.

Article 1,830.

The consent to the adoption to be provided by the adopter's spouse and the parents of the adopter must be formalised either before the proposal, before the appropriate entity, or in public document, either by appearance before the Judge.

If when the proposal or application for adoption is submitted more than six months after the consent was given, it will be necessary for it to be renewed before the Judge.

In the adoptions that require prior proposal, at no time will it be admitted that the consent of the parents refers to certain adopters.

Article 1,831.

If in the proposal or the application for adoption I shall not find the address of those who must be summoned, the Judge shall, within a period not exceeding thirty days from the date of the submission of the document, practice the appropriate steps to the finding of the address.

In the summons to the parents will be specified the circumstance by which its simple hearing is enough. If the parents of the adopter or the spouse of the adopter do not respond to the first summons, they will be re-quoted once a fortnight has elapsed from the date on which they should have been presented in the Judged.

When the address or whereabouts of a person who is to be summoned have not been known or if he does not appear, the procedure shall be waived and the agreed adoption shall be valid, except, where appropriate, the right of the parents grants Article 180 of the Civil or Civil Code.

The order that the adoption will be agreed upon will be subject to appeal in both effects.

Article 1,832.

The judicial proceedings referred to in Articles 179 and 180 of the Civil Code shall be substantiated by the proceedings of the ordinary declaratory judgment.

During the substantiation of the procedure the Judge shall take the appropriate protective measures on the person and property of the adopted minor or incapable.

ADDITIONAL PROVISIONS

First.

The public entities mentioned in this Law are the agencies of the State, the Autonomous Communities or the Local Entities to which, according to the laws, the protection of the children.

The Autonomous Communities, by virtue of their competence in terms of the protection of minors, will be able to enable, in their territory, as collaborating institutions of family integration, those Associations or Foundations not gainful, constituted in accordance with the laws applicable to them, in whose statutes or rules the protection of minors is included and provided that they have the material means and multidisciplinary teams necessary for the development of the assigned functions.

These collaborating institutions will be able to intervene only in keeping and mediation functions with the limitations that the public entity points out, being always subject to the guidelines, inspection and control of the authority that the enable.

No other person or entity may intervene in mediation functions for family accommodation or adoptions.

The enablement will be granted upon file. It may be private for the purpose of enabling the Association or Foundation to cease to meet the required requirements or to act in breach of the legal rules.

It is for the Ministry of Justice to coordinate for information and collaboration, statistics and international relations, for which the Autonomous Communities should provide the necessary information.

Persons who provide services in public entities or in the collaborating institutions are obliged to keep secret of the information obtained and the data of the affiliation of the accepted or adopted, avoiding, in The family of origin is aware of the adoption.

Since a person is selected by the public entity as an adopter, you can request that the entity provide you with the data you have on the child's health.

Second.

For the judicial functions provided for in this Law, the Judge of First Instance shall have jurisdiction and, where appropriate, that which corresponds, in accordance with the provisions of Article 98 of the Organic Law of the Judiciary.

Third.

The references of this Law to the ability of the spouses to simultaneously adopt a minor will also apply to the male and female members of a partner permanently united in relation to the effectiveness of the same spousal.

Fourth.

The minor entrusted in a lawful accommodation to a holder or beneficiary of the right of health care in any system of the Social Security system, shall be entitled to receive such benefit for the duration of the Welcome.

TRANSIENT PROVISIONS

First.

In the full adoption files pending before the Courts on the entry into force of this Law will govern everything, the previous legislation, unless the applicants are interested in the application of the new Law. Simple adoption files in which there is no judicial resolution shall be dismissed.

Second.

Simple or less formal adoptions shall be in the same way as recognized by the foregoing legislation, without prejudice to the possibility that the adoption of this Law may be carried out if the conditions laid down in this Law are met. same.

FINAL DISPOSITION

The procedural rules on child protection measures shall be applied with the adaptations required by the Civil Code and by this Law.

Therefore,

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

Palacio de la Zarzuela, Madrid, 11 November 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ