MY COUPLE CAN ADOPT MY CHILD?
In Catalonia this adoption is allowed in order to legally establish the adoption filiation of such children in favor of the person who, for all practical purposes, is acting as if he were the parent of the same.
The Catalan law does not require marriage between the members of the couple, granting the same rights to stable couples. Remember that it is considered that there is a stable couple between two people when they coexist analogous to the marriage in any of the following cases:
a) If the coexistence between them lasts more than two uninterrupted years.
b) If they have a common child.
c) If they formalize the relationship in a public deed.
d) Registration in the Registry of stable Couples.
Regarding the circumstances required for the constitution of the adoption, we must prove that the following requirements are met:
- That the adopter has full capacity to act, be over 25 years and intervene more than fourteen years of difference between this and the adopted
- That the filiation of the child to be adopted is not legally determined with respect to the other parent, or that the latter has died, is deprived of the power, is subject to a cause of deprivation of power or has given his assent to the adoption Interested in the spouse or partner of the adopter.
Along with the concurrence of the indicated requirements, it will be necessary to have the consents or assent of the persons indicated below before the competent judicial authority:
a) Consents
- Adopting
- Adopted, provided you have completed twelve years
b) assent
- The spouse of the adopter, except in the case of judicial or de facto separation, or the person with whom the adopter lives in a stable relationship.
- The adoptive parents, unless they are legally deprived of the power or incur a cause of deprivation of the same, or, in the case of pre-adoption foster care, that the resolution that agreed to be final.
c) In addition, the judicial authority must hear the following persons in the processing of the adoption file:
- The parents of the adults or the emancipated minors and the persons the assent of which is not necessary, except those who are deprived of parental authority.
- The guardians, curators or de facto guardians of the adopted.
- The adopted minor of twelve years, if he has enough judgment.
- The children of the adopters, if these children and adoptive parents live together, and, where appropriate, the adopted children, if they have sufficient judgment and it is possible.
Finally, we must also bear in mind that in this type of procedure, together with the adoption of the spouse's or partner's child, it may also be requested that, as a consequence thereof, the adopted surnames be changed so that also have the surname of the adopter, to achieve full integration of the adoptee in the family of the adopter.
