Difference between revisions of "How to Adopt from Spain"

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Adoption Authority

Spain's Adoption Authority

Each of the 17 Autonomous Communities in Spain is the Central Authority for its territory. The national-level Central Authority for transmission of communications, the Dirección General del Menor y Familia in Madrid, is the office responsible for transmitting requests from prospective adoptive parents to the Central Authority in the appropriate Autonomous Community.

The Process

Because Spain is party to the Hague Adoption Convention, adopting from Spain must follow a specific process designed to meet the Convention’s requirements. A brief summary of the Convention adoption process is given below. You must complete these steps in the following order so that your adoption meets all necessary legal requirements.

NOTE: If you filed your I-600a with Spain before April 1, 2008, the Hague Adoption Convention may not apply to your adoption. Your adoption could continue to be processed in accordance with the immigration regulations for non-Convention adoptions Read about Transition Cases for more information.

1. Choose an Accredited Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Apply for the Child to be Found Eligible for Immigration to the United States
5. Adopt the Child in Spain
6. Bring your Child Home

1. Choose an Accredited Adoption Service Provider:

The first step in adopting a child from Spain is to select an adoption service provider in the United States that has been accredited. Only these agencies and attorneys can provide adoption services between the United States and Spain. Learn more.

2. Apply to be Found Eligible to Adopt:

After you choose an accredited adoption service provider, you apply to be found eligible to adopt (Form I-800A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Read more about Eligibility Requirements.

Once the U.S. government determines that you are “eligible” and “suitable” to adopt, you or your agency will forward your information to the adoption authority in Spain. Spain’s adoption authority will review your application to determine whether you are also eligible to adopt under Spain’s law.

3. Be Matched with a Child:

If both the United States and Spain determine that you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Spain may provide you with a referral for a child. Each family must decide for itself whether or not it will be able to meet the needs of the particular child and provide a permanent family placement for the referred child.

4. Apply for the Child to be Found Eligible for Adoption:

After you accept a match with a child, you will apply to the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for provisional approval to adopt that particular child Form I-800). USCIS will determine whether the child is eligible under U.S. law to be adopted and enter the United States.

After this, your adoption service provider or you will submit a visa application for to a Consular Officer at the U.S. Embassy. The Consular Officer will review the child’s information and evaluate the child for possible visa ineligibilities. If the Consular Office determines that the child appears eligible to immigrate to the United States, he/she will notify the Spain’s adoption authority (Article 5 letter). For Convention country adoptions, prospective adoptive parent(s) may not proceed with the adoption or obtain custody for the purpose of adoption until this takes place.

Remember: The Consular Officer will make a final decision about the immigrant visa later in the adoption process.

5. Adopt the Child (or Gain Legal Custody) in Spain:

Remember: Before you adopt (or gain legal custody of) a child in Spain, you must have completed the above four steps. Only after completing these steps, can you proceed to finalize the adoption or grant of custody for the purposes of adoption in Spain.

The process for finalizing the adoption (or gaining legal custody) in Spain generally includes the following:

• ROLE OF THE ADOPTION AUTHORITY: Spain is divided in to 17 Autonomous Communities, each of which has its own governmental entity in charge of adoptions.

• ROLE OF THE COURT: The court will make the final judgment on the adoption application. A judge may authorize an adoption only with the approval of the local governmental authority in charge of adoptions.

• ADOPTION APPLICATION/ROLE OF ADOPTION AGENCIES: Prospective adoptive parents must apply to the agency in the community in which they wish to adopt. When the application is complete, a team from the Autonomous Community adoption authority will carry out a psycho-social study of the prospective adoptive parent(s), assessing their ability to adopt, and will make a judgment on their capacity to be parents. To receive approval from the appropriate agency, that agency must find that the prospective parent(s) are capable of carrying out the duties of a parent. The parent(s) begin the process by filling out an application for adoption. Approval from the agency is not required in the following circumstances: if the child is an orphan and related to the parent(s) by blood or marriage, if the child is the child of a prospective parent's spouse, if the child has been kept by the prospective parent(s) legally in a pre-adoptive status or has been under the parent(s) care for more than one year, or if the child is underage but considered independent. Next, the agency will present its assessment along with the application, and accompanying documents, to the court with jurisdiction in the Autonomous Community. If a U.S. citizen residing in Spain wishes to bring a child adopted in another country to reside in Spain, and requires periodic monitoring of the adoption, a list of the officially accredited adoption agencies can be obtained through the Dirección General del Menor y Familia Servicio de Adopción Internacional y Acogimiento Familiar at C/ Agustín de Betancourt 4, 28003 Madrid, tel.: 91 363 2300. Americans residing in Spain who wish to adopt a child from another country should also refer to the Department of State adoption flyer for the child’s country of origin.

• TIME FRAME: Approximately 15 months.

• ADOPTION APPLICATION: Prospective adoptive parents must apply to the agency in the community in which they wish to adopt. When the application is complete, a team from the Autonomous Community adoption authority will carry out a psycho-social study of the prospective adoptive parent(s), assessing their ability to adopt, and will make a judgment on their capacity to be parents. Next, the agency will present its assessment along with the application, and accompanying documents, to the court with jurisdiction in the Autonomous Community.

• ADOPTION FEES: From 12,000 to 20,000 Euros. In the adoption services contract that you sign at the beginning of the adoption process, your agency will itemize the fees and estimated expenses related to your adoption process.

• DOCUMENTS REQUIRED: Documents required include:

1. Birth certificate;

2. Marriage certificate (if applicable);

3. Police record;

4. Medical certificate; and

5. Bank statements. NOTE: Additional documents may be requested. You may be asked to provide proof that a document from the United States is authentic. Read more on Traveling Abroad to learn about Authenticating U.S. Documents.

6. Bring Your Child Home

Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for three documents for your child before he or she can travel to the United States:

1. Birth Certificate

You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate.

In Spain, the Judge who authorizes the adoption will issue an order to register the adoption at the Civil Registry, which records vital statistics. The adoption is annotated at the margin of the original birth record. Adopting parents may request the original birth record be cancelled and a new one will be created with the adoption information only.

2. Spanish Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Spain.

The adopting parents may apply for the Spanish passport using the new birth certificate.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S Embassy for final review and approval of the child’s I-800 petition and to obtain a visa for the child. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the “Panel Physician’s” medical report on the child if it was not provided during the provisional approval stage. Read more about the Medical Examination.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

Back to Adopting from Spain.