Understanding Adoption in Chile: Process and Requirements

Classified in Law & Jurisprudence

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What is Adoption?

Adoption is a protective measure of excellence, which applies to benefit the family of origin when they have exhausted all possibilities for a child to return to or remain under the care of their biological parents or family.

The objective of this measure is to provide a child or adolescent who has been legally declared "capable of being adopted" (whether by assignment, inability, or neglect of parental care), a stable family that will allow proper growth and development in an environment of protection and affection. This is expected to repair, if possible, the impact they have had on their experiences related to abandonment.

Adoption reinstates the child to their right to a permanent family by offering quality childcare for the adoptive parents from a legal standpoint, with all that implies rights and without any difference from biological children.

Adoption Procedure

Initial Phase

  • Briefing
  • Personal interview

Survey and Evaluation Phase

  • Collection of documents
  • Social and psychological assessment
  • Evaluation documentation
  • Technical presentation to the adoption unit

Nomination Phase

  • Accreditation of suitability
  • National registration income
  • Workshop for adoptive parents

Liaison and Meeting with the Child Phase

  • Informing the child's background
  • Family rapprochement
  • Encounter and departure of children with adoptive families

Tracking

  • Psychosocial accessories exercising their role
  • Accessories and support for legal procedures of adoption

Adoption

  • Adoption decree

Who Can Be Adopted?

Children and young people under 18 years of age

1. Transfer Case

Whose parents are not trained or able to take responsibility for them and express their willingness to give them up for adoption before a judge.

2. Blood Relatives

Who are blood descendants of one of the adopters.

3. Declared Likely to Be Adopted

Who are deemed likely to be adopted by the court when the father, mother, or those who have been entrusted with their care are in one or more of the following situations:

  • That they are physically or morally disqualified to exercise care.
  • That they do not provide personal care or the economy during a period of four months. If the child is less than a year old, this period is thirty days.
  • That they delivered the child to a public or private institution for the protection of minors or someone else with a clear mind to get rid of their legal obligations.

Legal Requirements to Adopt in Chile

  • Spouses: Chilean or foreign spouses with permanent residence in Chile. Chilean or foreign spouses residing abroad. Single or widowed persons, Chilean or foreign residents of Chile.
  • Marriage Duration: Two years minimum marriage, except in the case of spouses suffering from infertility.
  • Age: Over 25 and under 60 with a minimum difference of 20 years of age with the adoptee, unless one of the adopters is an ascendant by consanguinity of the adoptee.
  • Evaluation: Evaluated as an ideal alternative for family or an organization accredited by SENAME.

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