What are the rules for adopting a child in Spain?

What are the different types of adoption in Spain?

In Spain there are generally two types of adoption: national and international.

The processes, costs and waiting times are different for both, and can vary quite a lot between the Spanish regions. Generally speaking however, there are some basic requirements that are common across the two, and whether or not you're a Spanish national.

This is what you need to know about adoption in Spain.

National adoption

National adoptions are when both the adopters (that is, the potential parents) and adoptee (the child or children) live in Spain and are Spanish nationals or foreigners who are legal residents in Spain, or unaccompanied foreign minors in the country.

National adoption is, in theory, the simplest form of adoption and is free. However, the notoriously long waiting times for national adoptions (more on that below) can end up accruing extra costs and its complexity often means people choose to pay for legal advice.

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International adoption

On the other hand international adoptions are, as you might've guessed, when someone adopts a child from abroad. This could be Spanish nationals adopting a foreign child or foreigners in Spain adopting from abroad.

It is a more complicated process, since immigration law must be satisfied, and because the social services and relevant authorities in both the country of origin and Spain have to collaborate to process the application.

Despite that, however, international adoption is usually a faster process.

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What are the requirements to adopt in Spain?

The requirements for adoption are outlined in Article 175 of Spain's Civil Code. The exact documentation required by each Spanish region can vary, but generally speaking the key requirements are:

• Adoptive parents must be at least 25 years old.
• If there are two adopters, one of them being 25 is sufficient.
• The difference in age between the adopter and the adoptee must be at least 16 years and may not exceed 45 years, except in the cases provided for in Article 176.2. 
• If the prospective adoptive parents are in a position to adopt siblings or children with special needs, the maximum age difference may be greater in some cases.
• Prospective adoptive parents must not have a criminal record.
• Must be able to prove that they can financially support a child.
• Provide a medial record.
• Depending on the region, provide a marriage certificate or prove cohabitation.
• Depending on the region, provide tax and social security information.

Same-sex couples have been able to adopt in Spain since 2005, when the Spanish government also legalised gay marriage. 

Same sex couples have exactly the same rights when it comes to adoption in Spain. (Photo by ELIZABETH RUIZ / AFP)

What's the process for adoption in Spain?

The process for international adoption can be rather laborious in Spain, and if you're a foreign national looking to adopt in Spain it may well be easier to seek legal advice. The process can be slightly different depending on where in Spain you live, so it's best to contact your local child services.

• Submit your application to the relevant child protection services in your region.
• Pass the preparation process, which includes training and information classes, and psycho-social assessments. If you pass, you get a 'certificate of suitability' to say that you can adopt.
• The application will then be processed, during which time the relevant authorities (in both states if it is an international adoption) review it.
• During this process, a child will be assigned and the parents will have the chance to give approval (or not).
• A meeting will be set up (in the country of origin if it is an international adoption), and the relevant authorities will validate the adoption (or not).
• If approved, the child will be formally adopted and registered in the civil registry under the parent's name.

National adoption delays

Owing to the significant waiting times for national adoption in Spain, many Spanish families go down the international route as it often works out faster. Though it requires you to travel abroad to meet the child and the social services in their country, which will involve extra costs, for many parents wanting to adopt it is a price definitely worth paying.

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The national adoption process is notoriously long-winded and can take many years to finalise. In Galicia, for example, in north-western Spain, the average waiting time is around 10 years.

Situations like this can put a lot of stress on budding parents, as if they're looking to adopt a newborn and they turn 40 whilst they endure the long wait, they are automatically disqualified as there can't be a 40 year age difference.

According to application figures, the lengthy application and waiting periods do seem to be putting Spaniards off the national route. From 2011 to 2021, the last year in which adoption figures are available, applications fell from 3,000 to less than 1,000 for national adoptions.

In Madrid there were 3,741 children in the regional child protection system in 2021, but of these only 39 were adopted and 60 fostered.

There were 675 national adoptions and 171 international adoptions in Spain that year.

Of the international adoptions, the most common countries of origin were India, Vietnam and Bulgaria. 

Once adoptions have been finalised and the child formally adopted, almost all countries of origin require progress reports to be sent on a regular basis, of both the child and the parents. These reports document how the child is adapting to the new country, new environment, and above all the adoptive family.