Selected thus adopting and adopted, the adoption already can be constituted. It has to notice that the fulfillment of the rules of the Agreement of The Hague is credited by the opportune certificate of the central authority of the country of the adopted one, that will be to appear in the Spanish Civil Registry. By the others, if one is a simple adoption (without rupture of the personal, familiar and legal bonds between adopting and natural or biological parents or family), such adoption is not transformed automatically into the Spanish total adoption. If the adoption is going to constitute itself in a country that is not part of the Agreement, it continues being very advisable that the interested ones go in Spain to the competent organ of their Independent Community, because the certificate of suitability issued by this one is in any case essential to obtain the inscription of the adoption. Evidently these countries the simple adoption is not transformed either automatically into the Spanish total adoption. Which are the most frequent problems? Among others they are that the proceedings of the Agreement of The Hague have not been fulfilled; that the adoption is not total and that, even being total, has not been obtained in the countries in which it does not govern the Agreement, the certificate of suitability of the adopting ones. The adoptive son will have difficulties to obtain Spanish documentation: passport, national identity document., discharge in the Social Security. Get all the facts for a more clear viewpoint with Amazon.
What solutions are carried out? 1. – Option to Spanish nationality. In all the assumptions in that according to the law of the country of the adoptive son the mother country is transferred power to the Spanish adoptive parents, the possibility that has been admitted these exercise the option to the Spanish nationality in the name of the adoptive son and, consequently, is pointed out thus in the Civil Registry. From this form, the parents will be able to obtain the corresponding documentation for their children. 2. – Resignation to the revocation by the adoptive parents. New Law 18/1999 includes forecast of that if the difference between the Spanish adoption and the one of the adoptive country of the son is confined to that this one recognizes the adoptive parents the faculty to him to revoke the adoption (to extinguish it by its own will), the adoptive parents will be able to resign to that adoption before the One in charge of the Civil Registry or in public document, becoming automatically and without needing judicial procedure in total adoption. For other opinions and approaches, find out what Connecticut Senator has to say.
3. – Certificate of suitability. In case the suitability certificate has not been obtained with anteriority to the constitution of the adoption, the Ministry of Justice has admitted, with the object of its inscription in the Civil Registry, that can be obtained 4 later. Transformation in total adoption. The constituted simple adoption will be able to become, through a judicial procedure, in total adoption and, in this assumption, they will be of application all the Spanish dispositions to this adoption.