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 sons and daughters of the spouse or stable partner of the adopting person 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 son or daughter, the other person can start an adoption file, provided that either they are a married couple or they are a stable couple. 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 son or daughter 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, by biological parentage). In case of separation, if this is conflicting, it will not be possible to try to have the adopting person have fewer visits or fewer rights with his or her son or daughter claiming that it is an adoptive parentage. In this sense, it must be very clear that adoptive parentage is equivalent in rights and duties to biological parentage.
Adoption is established by judicial decision (article 235-39). It will be necessary for the adopting person and the person to be 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 parent of the person to be adopted is also required. (article 235-41 b). Finally, the judicial authority will also have to listen (not obtain consent, but listen) to the sons and daughters of the adopting person, if there are any, in case there is cohabitation. (article 235-43 c).
The legal mandate of article 235-50 is interesting, which establishes the obligation to inform the adopted son or daughter about the adoption “as soon as he or she is sufficiently mature or, at the latest, when he or she turns twelve , unless 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 son or daughter, they are an uninterrupted coexistence of the person to be adopted and the person adopting since 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 person adopting must present a detailed letter to the court requesting the adoption and providing all the supporting documentation. In addition, the regulations, in article 36, also provide that consent will be necessary before the figure of the Judicial Secretary, both from the adopting person and from the child to be adopted; in cases where he is over 12 years old. The consent of the parent of the child to be adopted 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, as well as the person adopting and the child (especially if he is over 12 years old, where his consent will be required) know the consequences, not only emotional, but also the legal ones n will derive from this.