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Back to 20000407-Un fiscal de la Audiencia Nacional aboga por reducir los trámites iniciales de la adopción y potenciar la acogida familiar

A prosecutor of the Audiencia Nacional advocates reducing the initial adoption procedures and promoting family foster care.

Ignacio Peláez participated in a course on adoption at the University of Navarra.

07/04/00 17:53

The prosecutor of the National CourtIgnacio Peláez said at the University of Navarra that "it is possible to reduce the time to adopt a child, especially if we shorten the initial steps". He also advocated promoting "foster care, a previous status that favors adoption". The prosecutor participated in a a course focusing on a single topic graduate "Adoption: psycho-pedagogical aspects and framework legal", organized by the department of Education of the University of Navarra.

In his discussion paper, entitled "Adoption in European comparative law", Ignacio Peláez dealt with "the legal aspects necessary to process an international adoption from a European country". Currently, due to the decrease in the birth rate in Spain, the vast majority of adoptions are processed from another country.

Peláez analyzed the consequences of a bad procedure: "There are people who decide to adopt a child on their own, without counting on the ordinary agencies. The failures of this subject of adoptions arise mainly for two reasons: the parents go to countries that do not have signed agreements with Spain; or, not following the normal procedures, they want to register the child in Spain and see that, without having done anything illegal, they cannot". However, he pointed out that these are "rather isolated cases, since nowadays almost everyone goes to the agencies of their Autonomous Community and to the ECAI (International Adoption Collaborating Entities)". The vast majority of countries only process adoptions through these Entities.

More flexibility and less bureaucracy

Schematically, the necessary steps are: "Go to the ECAI or similar institution in your Community; submit the necessary documentation (certificate of suitability, which is obtained after a series of personal interviews and after providing data of subject economic, social, etc.); contact the country of destination; and register the child in the Spanish registry". The average time for an international adoption varies between "six months and a year", although if it is the first adoption the time is longer.

Peláez emphasized that "lately the waiting time has been shortened a lot, although it can still be shorter". This wait, which sometimes lasts for years, causes many potential adopters to withdraw: "It is possible to shorten the adoption process, especially in the initial procedures, without necessarily reducing the guarantees regarding the suitability of the parents". In this sense, Peláez asked for "more flexibility and less bureaucracy".

Another tool to promote adoption proposal by Ignacio Peláez is foster care. "If we were to promote this figure -which involves a transitory fostering of the child-, in many occasions it could end up in a permanent adoption".

The prosecutor of the Audiencia Nacional considered it urgent to speed up the processes, due to the issue high number of children in need. "In Eastern countries, for example, Russia and Romania are suffering especially". Regarding the latter country, he said that "it is shocking that it has one of the highest levels of infant mortality and that there are obstacles to adopting these children".

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