Who Can Adopt from Spain

El Escorial, UNESCO World Heritage Site

Adoption between the United States and Spain is governed by the Hague Adoption Convention. Therefore to adopt from Spain, you must first be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

In addition to these U.S. requirements for prospective adoptive parents, Spain also has the following requirements for prospective adoptive parents:


Adoptive parents must be legal residents of Spain and must remain in Spain throughout the adoption proceeding if it takes place in Spain

Age of Adopting Parents

To be eligible to adopt any child, a prospective adoptive parent must be at least twenty-five years old and be at least fourteen years older than the adoptee. If a married couple wishes to adopt, at least one of the two must meet the twenty-five-year age requirement.


To jointly adopt, a couple must be married or otherwise legally treated as a married couple under Spanish law However, a prospective adoptive parent does not need to be married to adopt. If only one spouse in a married couple applies to adopt, the consent of the other spouse is necessary. NOTE: Spain legalized same-sex marriage in 2005.


There are no specific income requirements related to adoption. The judge assesses all factors related to the welfare of the child before issuing an adoption order.



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