El control ¿judicial? de la adopción

Laburpena

Adopting means integrating a child, who does not belong to the family, into the family unit in order to create a family relationship. The Spanish legislation puts the adoptive filiation on a level with the biological filiation when specifying the relationship effects both for the adopters and the adoptee on equal terms with blood filiations, whether they are marital or not. For that reason and also, due to its significance, adoption in Spain is, from a procedural point of view, double-checked. First, adoption services will have to issue the adopters’ certificate of aptitude if it is considered that the necessary conditions are met in the chief of adoption. Secondly, a judge will constitute the adoption and safeguard it in due process of law. Finally, because of the importance of adoption and its laboured regulation, this research pursues a double aim. On the one hand, to analyse the legal system of national adoption in Spain, considering some of the newest aspects, such as open adoption or the adoptee’s right to know their biological parents’ names. On the other hand, to investigate the judge role and highlight the legal authority’s functions throughout the adoption process, especially in view of the fact that in Spain the adoption process is currently subject to a great extent to public entities of protection of the minors.