Legal Framework for Adoption in Venezuela

Types of Adoption in Venezuela

What types of adoption exist in Venezuela?

Even though some countries legally recognize two types of adoption—simple and full—in Venezuela, adoption can only be full. According to LOPNA, adoption is irrevocable and grants the adopted child the same status as a biological child of the adoptive parents. Adoption extinguishes the relationship between the adoptee and their family of origin, except when the adopted child is the spouse of the adopter. Adoption also creates kinship, similar to the kinship created by the birth of a child (LOPNA, Art. 407, 425, 426, 427, 437).

National vs. International Adoption

In Venezuela, there are two regulated types of adoption: domestic adoption and international adoption. According to the Hague Convention of 1993, the habitual residence of the adoptive parents and the adoptee is the determining factor. A national adoption occurs when both the adoptee and the adopter habitually reside within the Venezuelan state. International adoption occurs when either party habitually resides in the territory of another state. International adoption is limited within the Venezuelan legal system and can only be pursued when applicants reside in countries that have existing agreements with Venezuela.

Article 407: Legal Definitions

Adoption can be domestic or international. International adoption is subsidiary to domestic adoption. Domestic adoption can be requested only by those who habitually reside in the country. The change of residence of the applicant takes effect only after one year of entering the national territory for the purpose of establishing habitual residence. International adoption occurs when a child or teenager, to be adopted, has their habitual residence in one State and the adoption applicants have their habitual residence in another state. When the child or adolescent to be adopted has their habitual residence in the country and displacement occurs before the adoption, it must be conducted entirely in accordance with Venezuelan law.

Best Interests of the Child

Children or adolescents who have their habitual residence in the Bolivarian Republic of Venezuela can only be considered for international adoption after competent authorities carefully examine all possibilities for domestic adoption and determine that intercountry adoption is in the best interests of the child. The relevant file must record all proceedings under this article.