When we talk about an adoption procedure, people tend to think of domestic or international adoptions. Specifically, a child or adolescent from outside the family nucleus of the adopting person and who, following this procedure, will legally become his or her son or daughter. Or, in cases of pre-adoptive care, where there is already a plan and an intention to adopt in relation to the child or adolescent taken in and (almost) zero possibilities of return with the biological family.
However, there are other forms of adoption. Specifically, adoptions between couples. The Catalan regulations regulate the constitution of adoption, in article 235-39 to article 235-43 of Law 25/2010, of July 29, of the second book of the Civil Code of Catalonia, relating to the person and the family (popularly known as the Catalan Family Civil Code).
In accordance with article 325-32 of the same legal text, the children of the spouse or of the person with whom the adopter lives in a stable partnership can be adopted. In other words, the regulations, applicable to both heterosexual and homosexual couples, start from the concept of family, understanding as such a couple made up of two people. In these cases, if one of the two people has a child, the other can adopt it, as long as they are either married or in a stable partnership. Remember that article 234-1 establishes that you are a stable couple if one of these three situations occurs: there is cohabitation that lasts more than two years, you have a child in common or if the relationship is formalized in public deed
Before going into this procedure, obviously, you need to consider the consequences of it. An adoption procedure, once completed, cannot be undone. The adopting person has the same rights and duties as the non-adopting parent (in most cases, the biological parent). In case of separation, if this is conflicting, it will not be possible to try to get the adopter to have less visits or less rights with his child claiming that he is an adoptive parent. In this sense, adoptive filiation is equal in rights and duties to biological filiation.
The adoption is established by judicial decision (article 235-39). It will be necessary for the adopter and the adopted (if they have already reached 12 years of age) to give their consent before the judicial authority (article 235-40). The consent of the adoptee’s parent is also required. (article 235-41 b). Finally, the judicial authority must also listen (not obtain consent, but listen) to the children of the adopter, if there are any, in case of cohabitation with him (article 235-43 c).
The legal mandate of article 235-50 is interesting, which establishes the obligation to inform the adopted child about the adoption “as soon as he is sufficiently mature or, at the latest, when he turns twelve, unless that this information is against the best interests of the minor”.
Article 235-33 regulates the possibility of adoption of adults or an emancipated person. The requirements, in the case we are analyzing; which is the adoption of my partner’s child, they are an uninterrupted coexistence of the person to be adopted and the adopter from before they turned 14.
Finally, the state regulation that regulates the procedure is Law 15/2015, of July 2, on Voluntary Jurisdiction. Article 33 of the aforementioned law establishes that the courts of the address of the adopter will be competent. Article 34 establishes its preferential nature and sets the intervention of the Public Prosecutor as mandatory. But not that of lawyer and solicitor, however, it is highly recommended due to the possible complexity of this.
The adopter must submit a detailed letter to the court requesting the adoption and providing all supporting documentation. In addition, the regulations, in article 36, also provide that consent will be necessary before the Judicial Secretary, both the adopter and the child to be adopted; in cases where he is over 12 years old. The consent of the child’s parent will also be obtained. In cases of less than 12 years, the child can be heard.
To conclude, it is a procedure of vital significance in the lives of all the people involved. For this reason, it is important that both the parent, the adopter and the child (especially if they are over 12 years old, where their consent will be required) know the consequences, not only emotional, but also the legal ones that will arise of this