Strengthens child protection and regulates foster care and adoption

Automatic summary, not yet reviewed

1. Child protection measures now prioritize family over residential care, stable over temporary solutions, and agreed over imposed ones. Children under three may only be placed in a protection center if no other option is possible or if it does not serve their interest.
2. Voluntary custody of a child handed by parents to the Administration will last a maximum of two years, except in exceptional cases. This prevents children from spending years without a stable family solution.
3. Anyone who learns of a possible sexual offense against minors, human trafficking, or exploitation must report it to the Public Prosecutor's Office (Ministerio Fiscal). Also, working with minors requires proving no convictions for these crimes.
4. A Central Register of Sex Offenders is created, holding the identity and genetic profile of those convicted of these crimes, for monitoring and control, also in cooperation with other European Union countries.
5. So-called open adoption is regulated: the Judge may allow an adopted child to keep visits or communication with their birth family, if it serves the child's interest and the adoptive family and the mature enough child consent.
6. The situation of neglect (desamparo) is defined by law and custody at the parents' request is limited to two years. After two years from a neglect declaration, only the Public Prosecutor may challenge decisions about the child.
7. Adoptive and foster families will get paid leave from work to attend mandatory information and preparation sessions and the interviews before the suitability assessment, giving them the same treatment as biological families.
8. Anyone convicted of killing the person whose death generated a pension cannot receive survivor's or family benefits. In addition, orphan's pensions for the children are increased in those cases.

Who it affects

• Minors, especially those at risk or in neglect situations: They receive more stable, family-based protection, with periodic review of measures and more recognized rights.
• Foster families and people offering to adopt: They get specific rights and duties, plus paid leave for mandatory preparation.
• Unaccompanied foreign minors: They have the right to education, health care and social services, and to residence documentation when return to their family is proven impossible.
• People convicted of sexual offenses against minors: They are listed in the Central Register of Sex Offenders and cannot work in activities involving regular contact with minors.
• Employees and civil servants: They can take paid leave for adoption or foster care preparation sessions.

Words worth knowing

Desamparo (neglect)

Situation in which a child is deprived of necessary care because those who must look after them cannot or will not do so. The Administration then assumes guardianship.

Acogimiento familiar (foster care)

Measure by which a child lives with a family other than their birth family, temporarily or permanently, without becoming their child through adoption.

Guarda con fines de adopción (custody for adoption purposes)

Delegation of a child's custody to a family deemed suitable to adopt, while the adoption is processed before the Judge.

Idoneidad (suitability)

Assessment that a person has the adequate capacity, aptitude and motivation to adopt or foster a minor.

Ministerio Fiscal (Public Prosecutor's Office)

Public body that defends the interest of minors and oversees the Administration's child protection actions.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries