What is Adoption

It is known as adoption to the legal or juridical act by which a person takes as a child a boy or girl who is biologically the child of other parents. This means that adoption refers to those people who meet the requirements established by law to take a child who is not theirs as a child, to legally perform the obligations that a parent should have towards a child.

The legal act of adoption establishes a legal-parental bond between a boy or girl and their father or mother, which creates a bond between parents and children even if they do not have the same blood.

The word is also used to refer to the act of adoptingwhich on some occasions works not only to refer to the legal act but also to those occasions in which one wants to express the desire or the action of taking something, such as when it is said that the government adopted wrong economic measures, or when a country adopted an international treaty on economic integration.

Difference between Full and Simple Adoption

The full adoption constitutes a new civil and irrevocable status where the adoptee acquires the surnames of the marriage, which must be between a man and a woman, therefore the adoptee enjoys the same rights and obligations as consanguinity and affinity, which means that the boy or girl happens to have grandparents and uncles if possible.

In the simple adoption only rights and duties are established between the adopter and the adoptee, which differentiates it from full adoption in which the adoptee can have grandparents and uncles, if applicable, while in simple adoption he only has a father or mother, since this type of adoption can be carried out by a single person.

It should be noted that the first allows the adoptee the option of inheriting all his ancestors in all degrees, while in the second he can only inherit the father or mother, depending on the case, full adoption is irrevocable while simple adoption can be revoked, in the full the adoption must be carried out by a married couple or heterosexual couple, while in the second it can be carried out by a single individual, be it a man or a woman.

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General Requirements for Adoption

It can be said that there is a great variety of requirements and obligations to fulfill in order to exercise the adoption of a child or adolescent and that in turn these depend on the country and its legislation, but we can name broadly those that are more common in the different legal systems, within which we have:

  • Minimum age: it is an essential requirement, in the vast majority the adopter must be of legal age, in some cases it must be a person over the age of majority, to guarantee that he or she is a mature person and suitable to adopt.
  • Maximum age: it is also applicable by virtue of the life expectancy of a person who adopts a child, since if the child is of an advanced age, the risk of death is greater, which makes it likely that the child may become an orphan.
  • Full capacity to exercise civil rights: that is, not being impeded by being imprisoned or being legally incompetent.
  • Not be a practicing guardian of the adoptee.