Who can adopt in Venezuela? This is what the law says (+DETAILS)

Adopt It is one of the most altruistic and selfless acts that a person can demonstrate, and Venezuela is not exempt from this reality.

Of course, it takes more than love and good will to take this step.

In this sense, certain requirements and procedures must be followed before becoming an adoptive mother or father.

Procedures for adoption

2001 spoke with lawyer Yenny Legón Suárez, secretary of the Court for the Protection of Children and Adolescents of Carabobo State.

Legón reported that there are several procedures to process the paperwork for adopt in Venezuela.

In principle, there is the administrative route, where interested parties must go to the Office of the Autonomous Institute of the National Council for the Rights of Children and Adolescents (Idenna) to process their application.

• Through the database that Idenna has.
• Through shelter programs offered by mayors and the Protection Council.
• The family environment is also considered. “That is, a child who already has contact with the candidates for the adoption and that there is already a link with them,” he explained.

“Once this administrative phase is completed, the Courts for the Protection of Children and Adolescents are approached at the address or residence of the person who intends to adopt,” the specialist added.

Another alternative would be through a request for Family Placement or Placement in a Substitute Family.

This demand is contemplated in article 397 of the Organic Law for the Protection of Children and Adolescents.

Foster care refers to children who are not in the care of their parents or whose whereabouts are unknown.

In this case, they are placed under the care of a third party, who may or may not share blood ties.

Said guardian could request adoption to represent the child.

“Once the final judgment has been issued and duly signed, the applicant for family placement may opt for the adoptionas indicated in article 493-H of the Organic Law for the Protection of Children and Adolescents.”

• Furthermore, any person over the age of 25 is eligible to adopt a child.
• The applicant can be a single woman or man.
• Venezuelans who are married or who have common-law relationships (cohabitation) are also considered.
• Foreigners who have resided in the country for more than one year also apply.
• In addition, it is necessary that the applicant has moral capacity.

Who is not eligible?

Venezuelans who are under 25 years of age or over 60 years of age are not considered for processing the adoption.

“People who cannot demonstrate their moral capacity to take on the responsibility of raising a child or adolescent are also not included,” explained Legón.

Likewise, those who do not comply with the psychosocial evaluation will be discarded from the application for adoption.

It is worth noting that the psychosocial evaluation covers the psychological, social and legal aspects of potential adopters.

In this assessment:

• Criminal records and any history of violence or abuse that the applicant may have are checked. “All of this is done in order to ensure that the adopters do not represent a risk for the child or adolescent,” the lawyer added.
• Every Venezuelan must undergo a trial period, which takes place before, during and after the possible adoption. “Here the entity monitors the adaptation of the child or adolescent. Visits are made to ensure that the environment is safe and adequate for the well-being of minors,” the legal source stressed.

Deprivation of rights

As mentioned above, it takes more than determination to make this process official; however, representatives can have their parental rights revoked due to physical or psychological abuse of the minor.

In this regard, Yenny Legón explained that the authorities will begin an exhaustive investigation if they receive complaints of neglect or abuse.

“And if such negligence is found, the State has the duty to initiate legal proceedings that could lead to the revocation of the adoption and the imposition of legal sanctions,” he stressed.

With this measure, the minor will be relocated to a more optimal and suitable environment.

“This will benefit the well-being of the adopted child, as it will allow him to develop in a healthy and loving environment,” the expert explained.

On the other hand, a child or minor is adoptable until he or she reaches 18 years of age, although there are two exceptions.

“In principle, if there are family relationships or if the person to be ‘adopted’ is integrated into the home of his or her potential adopter before reaching the age of majority or when it is the child of the other spouse, as provided for in article 408 of the Organic Law for the Protection of Boys, Girls and Adolescents,” explained the lawyer.

It is worth noting that adopted children have the same rights as biological children.

“As well as receiving the same treatment and benefits within the family, including access to education, health and other care,” he said.

In this sense, once the adoption sentence has been issued, a new birth certificate must be issued in the corresponding civil registry so that the minor bears the surnames of his or her adoptive parents.

Good homes are built with empathy and love

Although the adoption It is one of the most selfless displays of love; there are couples who turn to adoption when they are unable to conceive children.

However, there are times when miracles happen and, consciously or unconsciously, they leave their adopted children aside.

This is when the Office of the Autonomous Institute of the National Council for the Rights of Children and Adolescents (IDENNA), as well as the competent Courts, take action on the matter so that these actions do not affect the child’s self-esteem.

“These entities have the duty to intervene with psychological help if they detect emotional or behavioral problems in the adopted child or adolescent,” said Yenny Legón Suárez.

This is how psychological support is provided to both the minor and his or her adoptive family, in order to address any feeling of displacement.

“All of this is done in order to strengthen family ties, so that both the adopted and biological children receive the same level of love and attention.”

Tips

Finally, the specialist advises Venezuelans to educate themselves on the laws and regulations relevant to adoption.

All this in order to know what its scope and procedures are. “We must remember that adoption is a beautiful way to form a family, which entails responsibilities as adoptive parents.”

She also believes that empathy is a key element in pursuing this request, since children often carry a lot of pain before arriving at a new home.

Either because they were separated from their biological parents, they are an orphan, or their representatives do not have the means to raise them.

“A stage of mourning arises in them, for this reason the adoption represents an alternative to offer them a home with a stable family.”

Likewise, those who cannot have children have the opportunity to start over through adoption.

“It is the means that allows the opportunity to provide love and protection to a child or adolescent, allowing them to grow up in a happy home,” said Yenny Legón Suárez.

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