Family Code of Honduras

This Code determines the legal relationships between persons united by bonds of kinship and the institutions related to the family.

It is the duty of the State to protect the family and the institutions linked to it, as well as to guarantee the legal equality of spouses and children among themselves.

The provisions contained in this Code are of public order and shall be applied preferentially to any other legal provisions on the matter.

For the purposes of family constitution, the Law recognizes civil marriage and de facto union; in relation to minors, adoption shall be conducted in accordance with what this Code determines.

Family Courts are hereby created, with exclusive jurisdiction to hear all matters relating to this Code.

The application, interpretation, and regulation of this Code shall be inspired by the unity and strengthening of the family, the interest of children and minors, the equality of rights and obligations of spouses, as well as other fundamental principles of Family Law. In cases not provided for in this Code, the general principles of law, norms established in duly approved international conventions or treaties, and the provisions of the Civil Code, Civil Procedure Code, National Registry of Persons Law, and other laws that have a direct relationship with the Family Code shall apply.

It is the obligation of parents to provide their children with the necessary means for their development and integral formation.

Neither marriage nor its dissolution shall affect the nationality of the spouses or their children.

Persons who lack legal assistance and economic resources to obtain it have the right to have the State provide such assistance, so that they may exercise the rights and actions arising from this Code.

All documents and proceedings of any kind that are processed before administrative authorities, by reason of the application of the norms of this Code, are exempt from the use of stamped paper and stamps.

The right of man and woman, who have such status naturally, to enter into marriage with each other is recognized, as is the legal equality of spouses. Only civil marriage celebrated before a competent official and with the conditions required by Law is valid. Marriage and de facto union between persons of the same sex is prohibited. Marriages or de facto unions between persons of the same sex celebrated or recognized under the laws of other countries shall not be valid in Honduras.

The law does not recognize engagements to enter into future marriage. No court of justice or any other authority shall admit claims based on such concept.

The minister of any faith who authorizes a religious marriage without being previously presented with the certificate of civil marriage having been celebrated shall incur criminal liability.

Marriage is founded on the equality of rights and obligations of both spouses and in its celebration all the requirements and formalities established by this Code must be fulfilled.

The domicile of the spouses shall be that of the common home. If for any reason they reside separately, each spouse shall have his or her domicile in the place where he or she has habitual residence. The domicile of children shall be that of their parents. If they reside in different places, the domicile of the children shall be that of the father or mother with whom they live. The domicile of wards shall be that of their guardians or caretakers, or of the persons who have them in their charge, as established by this Code.

The age of majority is attained upon reaching twenty-one (21) years of age. Only persons of age enjoy free aptitude to enter into marriage. However, a male and female person over eighteen (18) years of age may contract marriage, provided that authorization is granted in accordance with this Code. The marriage shall, nonetheless, be validated without need for express declaration, if the younger spouse reaches sixteen (16) years of age or by reason of the existence of pregnancy or conception before reaching that age.

The authorization for minors to contract marriage shall be granted by:

• 1)

  The father and mother jointly, or the one of them who exercises parental authority;

• 2)

  The maternal or paternal grandparents indistinctly in the absence of parents, preferring those who live in the same domicile with the minor;

• 3)

  The adoptive parent or parents when the minor has been adopted;

• 4)

  The guardian if the minor is subject to guardianship; and,

• 5)

  The competent judge when any of the persons charged with granting authorization refuses to do so without just cause and the minor is over eighteen (18) years of age.

The reasons that justify the dissent of the persons referred to in the previous Article for denying their authorization shall be limited to the following:

• 1)

  The existence of any legal impediment or incapacity;

• 2)

  Serious danger to the health of the minor to whom authorization is denied or to the offspring;

• 3)

  Licentious conduct, immoderate passion for prohibited games, habitual drunkenness or addiction to the consumption of narcotic and stupefying drugs of the person with whom the minor intends to marry;

• 4)

  Lack of current means and capacity to acquire them by those who intend to marry.

The following may not contract marriage: 1) Those who are not in full exercise of their reason at the time of celebrating the marriage; and, 2) Persons whose marital bond or de facto union has not been legally dissolved.

The following may not contract marriage between themselves:

• 1)

  Relatives in the direct ascending or descending line;

• 2)

  Siblings;

• 3)

  Other collateral relatives up to the fourth degree of consanguinity;

• 4)

  The adoptive parent and the adopted person;

• 5)

  The guardian with their ward; and, 6) Those who have been convicted as perpetrators or as perpetrator and accomplice of the death of the spouse or companion of either of them. The competent judge may dispense, at the request of the interested parties and by means of just cause duly proved, the impediments arising from guardianship and those existing between first cousins.

It is prohibited to celebrate marriage: Of minors who have not obtained the consent of the persons called to grant it in the cases determined by law;

• 1)

  Of the woman before three hundred (300) days have elapsed counted from the dissolution of the previous marriage or de facto union or from the declaration of nullity of the marriage, unless there has been childbirth within that term or one of the spouses has been materially separated from the other or absent for the indicated term.

• 2)

  If the nullity of the marriage has been declared due to impotence of the husband, the woman may contract new marriage without waiting any period; and,

• 3)

  Without prior publication of the legal edicts and without presentation of the premarital medical certificate.

If despite what is prescribed in the previous Article the marriage is celebrated, it shall be valid but both the official or those who authorize the marriage and the persons guilty of the infraction shall be responsible in accordance with the Law.

Marriage shall be authorized by the Municipal Mayor of the domicile of the contracting parties or that of either of them, at their election. Public Notaries are authorized to celebrate marriage throughout the country. Marriage celebrated abroad shall be valid in Honduras, without prejudice to what is established in the last paragraph of Article 11 of this Code.

Persons who are civilly capable and who intend to contract marriage shall manifest this verbally or in writing before the competent official of the domicile of either of the contracting parties, presenting their respective personal identification documents and stating their names and surnames, nationality, age, marital status, domicile during the last two (2) years, profession or occupation, full names, nationality and general information of their parents, as well as the express declaration of not being married nor having a formalized de facto union with a third party. If the manifestation is verbal, the Municipal Secretary shall extend and authorize the corresponding deed, which shall be signed by the interested parties, if they are able to sign; if the interested parties are unable to sign, this circumstance shall be noted. If the manifestation is made before a Notary, the formalities shall be subject to the prescriptions of this Code. The competent official or the Notary shall take the necessary measures to verify the truthfulness of the circumstances stated by the interested parties.

Minors of age who request to contract marriage shall appear accompanied by the persons who, in accordance with this Code, must grant their consent, who, once properly identified, may, if they prefer, grant it in that same act, a circumstance that shall be noted in the file. Consent may also be given by means of a written document signed by the grantor and authenticated by a Notary. In cases of judicial authorization, the certification of the corresponding resolution must be presented. In addition, the interested parties must present their birth certificates or, if this is not possible, certification of judicially declared age.

The contracting party who has been married shall present the legal document that accredits the dissolution or non-existence of the previous marriage; if they have had children, they shall prove that the obligation to support them is guaranteed; and if they have property of minors under their administration, they shall present the respective inventory.

A foreigner who intends to contract marriage in Honduras shall prove before the competent official or Notary who must authorize it, their single marital status with the sworn testimony of two (2) or more persons of age, qualified to testify and capable of giving well-founded reasons for their statements. They must also accredit, by means of certification from the respective diplomatic or consular agent or with legalized certification from any competent authority of their country, that according to the law that governs them, there is no obstacle to the intended marriage.

The premarital certificate referred to in Article 21, numeral 3, shall be issued free of charge by physicians providing services in the different state health facilities, whether centralized or decentralized, or failing that, by any licensed physician, certifying that the person examined does not suffer from contagious or incurable disease prejudicial to the other spouse or offspring and that they do not have physical defects that would prevent procreation. Persons residing in places lacking a physician and those who, when requesting marriage, have already had de facto relations making such certificate unnecessary are not obligated to present a premarital certificate.

Once the capacity of the contracting parties is proven and the requirements demanded by the previous Articles have been fulfilled, the competent official or the Notary shall designate, if the contracting parties request it, the day and hour for immediate celebration.

Marriage shall be formalized with the solemnity and dignity that the act requires by virtue of its social significance, with the contracting parties or one of them appearing before the competent official or Notary and the persons to whom the absent party has granted special power of attorney to represent them, accompanied by two (2) witnesses of age, who are not relatives of the contracting parties. The official shall read aloud the content of Articles 40, 41, 42, and 64 of this Code, counseling the contracting parties regarding the same, and shall then ask each of them whether they understand the scope of the legal provisions in question and whether they persist in the formalization of marriage and which of the systems of property disposition they adopt, and shall record in the deed all the circumstances necessary to show that the proceedings provided for in this Code have been complied with. The deed shall be signed by the competent official, the contracting parties if they are able to sign, and the witnesses, being authorized by the secretary when the marriage is celebrated before the offices of a local government official indicated in this Code. The Civil Registrar is prohibited from registering marriages without complying with what is established regarding the disposition of property.

Officials who authorize the formalization of civil marriage shall be obligated to deliver within three (3) days following its celebration to the respective Civil Registrar, certification of the record or public testimony as the case may be, for the purposes of its registration; at the same time they must deposit the file prepared for the celebration of the marriage accompanied by all documents that form part of the same, so that they remain under the custody and responsibility of the corresponding Civil Registrar. Of the aforementioned actions they must leave certified copies for the consequent legal purposes.

All days and hours are suitable for the celebration of marriage. The proceedings, records, certifications, notices and testimonies relating thereto shall be executed on plain paper.

Marriage may be contracted through a special agent of attorney, who must be of the same sex as the principal, and be authorized in a Public Deed or by the document that corresponds according to the law of the country where it was granted, which expresses the name and personal details of the person with whom the marriage is to be celebrated, but the other contracting party must always personally appear at the marriage ceremony. Marriage may not be authorized if before its celebration the competent official or the Notary is notified in authentic form of the revocation of the power granted.

If the marriage has been contracted abroad by two (2) Hondurans or by one (1) Honduran and one (1) foreigner, it must be registered by the Civil Registrar of the place of birth of those persons. In any case, the Honduran must report to the nearest Honduran Consulate, who shall communicate it to the Ministry of Foreign Relations, for the purposes of the preceding paragraph.

When marriages must be celebrated outside the municipal seat or the Notary's office, the Mayor or whoever acts in his stead, and the respective Notary, shall proceed to where necessary, provided that the interested parties provide the means of transportation and have paid the corresponding tax.

In case of imminent danger of death of one of the persons who intends to contract marriage, the competent official or Notary may authorize its celebration, even without complying with the requirements demanded by this Code. The marriage contracted under those circumstances shall be conditional and shall only be valid if within thirty (30) days following its celebration such requirements are satisfied. It shall also be valid if one of the contracting parties dies within the period indicated in the preceding paragraph, provided that there does not exist any of the impediments referred to in articles 19, 20, and 21 of this Code. Once the documents are presented or the death of one of the spouses and the absence of impediment is proven, the official or competent Notary who authorized the marriage shall declare it subsistent and shall order its definitive registration by the corresponding Civil Registrar.

The chiefs of military bodies may authorize, in default of the Municipal Mayor, Mayor of the Municipality of the Central District or Notaries, marriages that their subordinates intend to celebrate in articulo mortis in accordance with article 36. The commanders of warships and the captains of merchant vessels may perform the same functions in marriages celebrated aboard said vessel in articulo mortis. The period indicated in the second paragraph of Article 36 cited shall be understood in these cases to be extended for sixty (60) days so that the interested parties may validate their marriage before the Municipal Mayor or Mayor of the Central District of the domicile or residence of either of them.

Against the acts and orders of the official who places an obstacle to the celebration of marriage, the interested parties may appeal to the competent judge of the jurisdiction, who in view of the justifications presented to him, shall resolve what is appropriate, without any delay.

The competent official or Notary shall not authorize the celebration of marriage while the following are not presented to him:

• 1)

  Personal identification documents issued by the competent authority, which accredit the legal capacity and freedom of marital status of the contracting parties;

• 2)

  The document that demonstrates consent has been given, when it concerns minors;

• 3)

  Certification extended by the person in charge of the Civil Registry attesting to the declaration of nullity or dissolution of the previous marriage of one or both spouses;

• 4)

  Two (2) or more qualified witnesses who declare that the contracting parties have the legal capacity to contract marriage. Relatives are qualified to testify in this matter;

• 5)

  Where applicable, the medical certificate referred to in Article 21; and 6) Verification from the National Registry of Persons that they are not included in the prohibitions to contract marriage contained in articles 19 and 20 of this Code; and 7) Verification of Criminal Records, to accredit that they are not included in the prohibition contained in Article 20 No. 6 of this Code. CHAPTER IV OF THE DUTIES AND RIGHTS ARISING FROM MARRIAGE

Marriage is constituted on the basis of equality of rights and duties of both spouses.

The spouses must live together, maintain loyalty, consideration and due respect for one another, and must aid each other mutually. The obligation of the spouses to live together ceases when it would cause serious harm to either of them or to their children, or when due to special circumstances that redound to the benefit of the matrimonial interests qualified by mutual agreement, one of the spouses must reside temporarily away from the common domicile.

Both spouses are obligated to care for the family they have procreated and to cooperate with one another in the education, formation and guidance of their children, in accordance with the principles of morality and good customs. Likewise, to the extent of the capacities or possibilities of each one, they must participate in the governance of the home and cooperate in its better functioning, according to their abilities and economic capacity. However, if one of them contributes to such subsistence only with his or her work in the home and in the care of the children, the other spouse must contribute alone to the aforementioned subsistence, without prejudice to the duty he or she has to cooperate in said work and care.

Both spouses have the right to practice their professions or trades and are under the duty to provide each other reciprocal cooperation and assistance for this purpose, as well as to undertake studies or perfect their knowledge, but they shall in all cases take care to organize the life of the home in such a way that such activities are coordinated with the fulfillment of the obligations that this Code imposes on them.

The woman shall always have a preferential right over the salary, wages or income of the husband, for the amounts that correspond for the support of her and her minor children. The husband has the same right in cases where the woman has the obligation to contribute in whole or in part to the expenses of the family. CHAPTER V OF DE FACTO UNIONS

The existence of a de facto union between a man and a woman, with capacity to contract it and that meets the requirements of singularity and stability, shall have all the effects of a legally celebrated marriage, when it is recognized by competent authority.

When a de facto union established is not singular because one of the two was united in a prior marriage, the de facto union shall produce full legal effects in favor of the person who acted in good faith and of the children born from the union, without prejudice to the legal rights of the wife and children of the marriage.

Recognition of a de facto union may be obtained by the interested parties appearing before the Municipal Mayor, Mayor of the Central District, or before a Notary, making verbal or written manifestation of their intention to formalize said relationship, presenting the documents and expressing the data set forth in Article 24 of this Code.

In addition to what is indicated in the preceding Article, the parties appearing must provide the following information:

• a)

  Date on which the de facto union began;

• b)

  Children they have procreated, indicating their names and ages; and if these children were procreated before the de facto union began, this circumstance shall also be mentioned, presenting the respective documents;

• c)

  Whether both or any of the interested parties have children from another prior union or marriage; and,

• d)

  Assets acquired during the common life.

The Mayor of the Central District and the Municipal Mayor shall draw up the deed and make the corresponding registration; the Notary shall issue the corresponding testimony of the deed of formalization of the de facto union and shall remit it to the Jurisdictional Civil Registry within the following fifteen (15) days so that it may proceed to register the de facto union, office which shall deliver to the interested parties proof of said registration, which shall produce the same effects as a marriage certificate. Failure to make this remission by the Notary shall be sanctioned upon request of the party, with a fine of Ten Lempiras (L.10.00), which shall be imposed by the competent judge and which shall be deposited with the Municipal Treasury. The certification of the municipal deed or the notarial testimony shall be presented to the Registry of Real Property and Commercial Property if real property has been declared as common assets. The de facto union shall not be formalized if the documents are not presented and the requirements of Article 24 of this Code are not met.

Common assets may not be alienated or burdened without the consent of both parties, while the union lasts and liquidation and adjudication of the same has not been made.

A de facto union may also be recognized by a single party, whether due to the opposition of the other or due to the death of the other, in which cases the interested party must appear before the competent judge, who in the judgment shall make the declaration of the de facto union, if it has been fully proven. In said declaration the judge shall fix the probable day or date on which the union began, the children procreated, and the assets acquired during it. In case of death, the lawsuit shall be filed against the heirs and in their absence against the nearest relative or relatives of the deceased. The certification of the judgment favorable to the plaintiff must be presented to the Civil Registry and to the Registry of Real Property and Commercial Property if there are real property assets, so that the respective registrations may be made.

The action referred to in the preceding Article must be initiated before one (1) year has elapsed from the date on which the union ceased or the death of the other cohabitant occurred.

The woman who, knowing that the man has his de facto union with another woman registered, and the man who, knowing that the woman has her de facto union with another man registered, maintain a common life, shall not enjoy the protection of the Law, as long as the registered union has not been legally dissolved and the common assets have not been liquidated.

In the event that several equally single women file a lawsuit for the declaration of a de facto union with the same single man, the judge shall make the declaration solely in favor of the one who proves the circumstances provided for in Article 53 and in equal circumstances, the declaration shall be made in favor of the older union. The provisions of this Article are applicable provided that the de facto unions that are sought to be declared coexist at the time the declaration is requested or on the date on which the death of the person with whom the de facto union was maintained occurred.

A de facto union registered by the Civil Registry produces the following effects:

• 1)

  Children born after one hundred fifty (150) days from the date fixed as the beginning of the de facto union and those born within three hundred (300) days following the day on which the union ceased are presumed to be children of the man with whom the mother was united, a presumption against which contrary proof is admitted;

• 2)

  If there is no deed of separation of assets, those acquired during the de facto union are presumed to be assets of both parties, except for contrary proof that demonstrates that the asset was acquired by only one of them by gratuitous title, or with the value or through exchange of another asset of their exclusive property;

• 3)

  Right of one of the parties to request the declaration of absence of the other and, once declared, to request the cessation of their union with the absent person, liquidation of the common assets, and adjudication of the property that corresponds to them;

• 4)

  In case of death of one of them, the surviving party may request the liquidation of the common assets and adjudication of property, the same as in the case of the preceding subsection; and,

• 5)

  Subjection of the man and woman to the rights and obligations of spouses during marriage.

A de facto union may cease by mutual agreement in the same manner in which it was constituted or by any of the causes set forth in divorce and separation, in which case the cessation must be judicially declared. The cessation of a de facto union by mutual agreement must be recorded before the competent judge of the domicile of the cohabitants but for it to be recognized and the respective annotation ordered to the Civil Registry, the provisions of this Code with respect to the divorce of spouses must be previously complied with.

The man and woman whose de facto union is recorded in a legal manner inherit each other ab intestato in the same cases as determined by this Code for spouses. The provisions of this Code relating to the duties and rights arising from marriage and the economic regime thereof are valid for de facto unions, insofar as they are applicable.

Once the proceedings for the cessation of the union are completed and the legal requirements are satisfied, the authority that has intervened in them or the Notary who authorizes the deed of separation, liquidation, and adjudication of assets shall notify the Civil Registry that registered the de facto union so that the corresponding annotation is made. Violation of this Article shall be sanctioned with a fine of Ten (10) Lempiras.

Separation, once registered, frees both man and woman from their status, but without this prejudicing the obligations that both must fulfill with respect to the children, who shall retain intact their rights to be supported, notwithstanding any stipulation of the parents.

In order for the marriage of any of the two (2) who have maintained a common life that is registered to be authorized, it is indispensable that the provisions of Article 48 be complied with.

An interested party may object to a de facto union in order to require that pending matters be resolved beforehand and common property be liquidated. The official who intervenes in the marriage shall not authorize it if the applicant does not prove having liquidated the common property and secured the provision of child support.

For a de facto union to be formalized, it is necessary that the persons have lived together for a continuous period of not less than (3) three years. However, if they had procreated children before that period, the de facto union may be formalized by any of the modalities provided for in this Title, provided that the requirements established in this Code are met.

When the de facto union that is claimed is irregular because one of the cohabiting parties is married or has a formalized de facto union with another person, said irregular situation cannot be formalized, but it shall produce effects with respect to the cohabiting party in good faith of the irregular union and the children procreated. CHAPTER VI OF ECONOMIC REGIME

The economic regime of marriage may be regulated by the system of community of property, community of gains, separation of property, without excluding in any of them the formation of family patrimony.

The future spouses may, before celebrating their marriage, arrange everything relating to their present and future property; for such purpose, matrimonial capitulations must be executed.

The minor capable of marrying may execute matrimonial capitulations through the person whose consent is necessary to contract marriage.

Matrimonial capitulations may be altered after the marriage has been celebrated, but the change shall not prejudice third parties subsequent to it, except after the new deed is recorded in the respective Registry, and after it has been announced in the Official Journal "La Gaceta" that the spouses have altered their capitulations.

If there are no matrimonial capitulations, each spouse remains the owner and freely disposes of the property he or she had upon contracting marriage and of that which he or she acquires by any title.

Those properties that upon dissolution of the marriage have not been divided cannot be leased for more than five (5) years, nor alienated, nor encumbered, without the consent of the other spouse; and if they are pursued by personal creditors, they may only be adjudicated or auctioned at half their value, it being considered from that moment that the other half belongs to the spouse not sued.

By means of the community of gains regime, the husband and wife retain the ownership of the property they had upon contracting marriage and of that which they acquire during it by gratuitous title or with the value of one and the other.

Absolute separation of property does not exempt the spouses in any case from the common obligation to bear the expenses of the household, the feeding and education of children, the other charges of marriage, and the preservation of family patrimony.

The household furnishings of the conjugal home belong exclusively to the woman, excepting only objects of personal use of the husband.

For the obligations that either spouse contracts for the maintenance of the family, common property shall be liable, and if it is insufficient, the separate property of each of them.

Civil liability for unlawful acts of one spouse does not bind the other in his or her separate property nor in his or her share of the common property.

Debts prior to marriage shall be paid with the separate property of the one who contracted them, even if the marriage is governed by the community regime.

The expenses incurred by illnesses, as well as those arising from funerals as a consequence of the death of a spouse or of children of both, are considered common debts of the matrimony, for which the separate property of the spouses is responsible, in the case of insufficiency of common property.

The community of property terminates:

• 1)

  By dissolution of the matrimony;

• 2)

  By separation of property; and 3) By one of the spouses being sentenced in a final judicial judgment for a crime committed against the other.

The unjustified abandonment of the conjugal home by one of the spouses causes to cease for him, from the day of abandonment, the effects of the community of property insofar as they benefit him.

In case of separation of fact, the culpable spouse shall have no right to gains during the time of separation.

When the nullity of the matrimony is declared, the spouse who acted in bad faith shall have no participation in the property of the matrimonial community, where applicable.

The spouses are the administrators of the conjugal community and either of them may indistinctly perform acts of administration or by mutual agreement appoint one of them as administrator. Notwithstanding what is provided in this Article, the other spouse may object to any act that would result in prejudice to the interests of the community and may cease the administration, with separation of property, when by notorious negligence or incapacity the administrator threatens to destroy the common patrimony or fails to provide for adequate maintenance. CHAPTER VII OF FAMILY PATRIMONY

Family patrimony is the legal and social institution by means of which one or more properties are designated for the protection of the home and the support of the family.

Family patrimony must be established in accordance with the economic capacity of the contracting parties.

Dwellings, cultivable lands or parcels, industrial and commercial establishments that are subject to family exploitation may constitute the family patrimony, provided that their value does not exceed the maximum amount established in this Chapter.

Only one patrimony may be established for each family, by the father or the mother over their own property, or by the husband or wife over common property of the conjugal society. It may also be established by a third party, by way of donation or legacy or by order of the competent Judge when he or she deems it appropriate in pursuit of the protection of the best interest of sons and daughters. It may also be established by a third party at the discretion of the competent Judge when he or she considers it appropriate in order to protect the best interest of sons and daughters.

The property constituted as family patrimony shall not exceed ONE MILLION LEMPIRAS (L.1,000,000.00) and is indivisible, inalienable, non-attachable and cannot be encumbered nor may be encumbered, except in the case of legal and judicial servitude. Said amount shall be adjusted by the competent Judge based on the current inflation index. However, the competent Judge may authorize the sale or encumbrance of property constituted as family patrimony, provided that all of the following requirements are met:

• 1)

  It signifies an increase in the originally constituted patrimony;

• 2)

  It is proven that the proceeds from the sale will be constituted as family patrimony;

• 3)

  The new patrimony is of equal or better conditions than the originally constituted one, in such a way that the right of the beneficiaries is guaranteed;

• 4)

  In the event that the proceeds from the sale exceed the ceiling established for the constitution of a patrimony, the excess shall be invested preferentially for the benefit of the beneficiaries thereof, provided that not less than fifty percent (50%) may be allocated for such purpose; and,

• 5)

  Sale or encumbrance due to causes of extreme necessity, duly accredited before the competent Judge, who shall authorize it.

The establishment of family patrimony cannot be made in fraud of creditors. The property must be free of annotations and encumbrances and the action of the institutor requesting judicial approval shall be published in the Official Gazette "La Gaceta", so that it comes to the knowledge of those who may have an interest in opposing it.

The members of the beneficiary family are obligated to inhabit the house and to work on the agricultural land, industry or business established for the benefit thereof, except for the exceptions that the competent Judge may temporarily permit for justified reasons.

If the real property constituted as family patrimony is registered only in the name of the head of family, it shall be understood that it has been constituted for the support of the spouse, of the minor or incapacitated children and of persons who have the right to be maintained by the same.

When there is danger that the person who has the obligation to provide support may lose their property through mismanagement or because he or she is squandering it, the creditors for the concept of support have the right to demand judicially that family patrimony be constituted over a specific property of the obligated party.

For the establishment of family patrimony, judicial approval and its registration in the Registry of Immovable and Commercial Property are required, after completion of the corresponding legal procedures. However, when the State proceeds with the parceling and distribution of national property, it may give each parcel the character of family patrimony and that legal designation shall be sufficient for its establishment and registration. In all other respects, this family patrimony shall be governed in accordance with the provisions of this Code insofar as they are applicable.

The legal representative of the family shall be the administrator of the family patrimony and representative at the same time of the beneficiaries in everything relating to the patrimony.

Family patrimony terminates:

• 1)

  When all beneficiaries cease to have the right to receive alimony;

• 2)

  When without just cause and without judicial authorization, the family ceases to inhabit the house that must serve as their dwelling, or to cultivate by their own efforts the parcel or property that is linked to it;

• 3)

  When utility and necessity for the family is demonstrated such that the patrimony should be extinguished;

• 4)

  When the property that forms it is expropriated for reasons of public utility, with prior indemnification; and 5) By expiration of the term for which it was established.

Family patrimony established for a fixed term must comprise the indispensable term for the youngest of the current family members to reach the age of majority, but in no case may a family patrimony be established for a term of less than fifteen (15) years.

When the right to family patrimony terminates, the property on which it was established shall revert to the power of whoever established it or their heirs; but if ownership belongs to the beneficiaries, they shall have the right to terminate the lack of division.

When the patrimony is extinguished by expropriation of the real property, the respective indemnification shall be deposited in a banking institution while a new family patrimony is established.

The value of family patrimony may be reduced when, due to causes subsequent to its establishment, it has exceeded the amount fixed as the maximum, or because such reduction is of utility and necessity for the family.

The Public Ministry shall intervene in the establishment, termination, and reduction of family patrimony. TITLE III OF PATERNITY AND FILIATION CHAPTER I OF PATERNITY

All children are equal before the Law, having the same rights and duties. No qualifications regarding the nature of filiation are recognized. In no registry or document concerning filiation shall any declaration be recorded differentiating births or indicating the civil status of the parents.

Poor parents with five (5) or more minor children shall receive special protection from the State, through security and social assistance programs established for this purpose. The parents referred to in this Article shall enjoy preference for the performance of public offices, under equal conditions of suitability.

By acknowledgment or declaration of paternity, the child legally enters to form part of the family of their progenitors for all the purposes provided in this Code. CHAPTER II OF REGISTRATION

The registration of the birth of the child made in the Registry of Civil Status by only one of the parents shall have legal effects with respect to both, if there exists civil marriage or legally recognized de facto union.

The acknowledgment of the child who is of age shall require their consent, granted by Public Deed.

The filiation of children shall be recorded in the book of registration of births of the respective Civil Registry. The certification of the registration record issued with the legal formalities is proof of birth; likewise when their filiation is recognized or declared in an authentic document, Public Deed, or judicial sentence and the annotation is made by the corresponding Civil Registrar.

In registrations of births that are not carried out by declarations of the parents, the persons who according to Law perform them shall record the name of the parents, without this being proof of filiation. CHAPTER III OF THE INVESTIGATION AND PRESUMPTION OF PATERNITY. ACKNOWLEDGMENT

Investigation of paternity is authorized as the appropriate procedure to identify and determine the individuality of the father, the mother, or both, in relation to the person of a determined child. The right to request investigation of paternity belongs to the child and his descendants, as well as to the father or mother who may have recognized him. This right is imprescriptible. The judgment in which paternity is established shall be registered by the Civil Registrar.

It is presumed that the following are children of persons united in marriage: 1) Those born during the marriage; and 2) Those born within three hundred (300) days following the date of extinction of the marriage bond, if the mother has not contracted new marriage; and, 3) The presumptions established in this Article are understood without prejudice to the provisions of Article 21 numeral 2.

Paternity is presumed: When it can be inferred from the declaration of the father, made in undisputed writing; 1) In cases of a condemning judgment for rape, statutory rape, or abduction when the date of the criminal act coincides with the period of conception; and, 2) When there has been notorious possession of the status of child demonstrated by personal and social treatment toward the mother during pregnancy and childbirth and proven by credible facts.

Notorious possession of the status of child consists in that his parents have treated him as such, allowing him to bear their surnames, providing him assistance, education, and maintenance in a competent manner and presenting him in that capacity to society and that society has deemed and recognized him as the child of such parents for a period of not less than one (1) year.

All children born outside of marriage or de facto union may be recognized by their parents. Such recognition may be made: Upon the registration of the corresponding birth certificate in the Civil Registry; by Public Deed or by testamentary act.

A declaration in a Public Notarial Instrument of recognition of a child yet to be born may be made, but this shall produce effects after birth and once annotated in the Civil Registry. Likewise, a child who has died may be recognized. CHAPTER IV OF THE PROOF OF PATERNITY AND/OR MATERNITY

Paternity and/or maternity is proven with the registration or certification of the birth certificate or by recognition registered by the Civil Registrar.

If as a result of the action of investigation of paternity and/or maternity or of forced recognition, this is declared, the corresponding judgment shall be registered by the Civil Registrar, placing the respective marginal note in the margin of the entry of the Birth Certificate of the child in favor of whom the judgment has been rendered. CHAPTER V OF IMPUGNATION

The registration of the birth of a child, made in accordance with the provisions of Article 102, may be impugned by the spouse who did not participate in the act. The impugnation may only be based on the impossibility of the spouses to have procreated the child.

The demand to impugn paternity and/or maternity shall be filed within the first year, counted from the date of birth of the presumed child or from the date on which the interested party had notice of the fact. It may likewise be filed by the heirs of the person against whom the presumption is invoked, if that person dies before the expiration of the term within which the presumed child may be disavowed and provided they do so within the days remaining for the term to expire.

The child recognized during his minority may only impugn the recognition within the year following the date on which he reaches majority.

The person who considers himself entitled to register as his own a child previously recognized by another person, by virtue of considering himself the true progenitor, may at any time establish the action conducive to that purpose.

In proceedings of investigation or impugnation of paternity and/or maternity, evidence of blood groups, genetic markers, and any other method of exclusion or confirmation of paternity and/or maternity that may be developed in the future are admissible. The studies and expert opinions mentioned shall be made by Microbiologists with specialty in Molecular Biology or by Physicians with appropriate training in Immunohematology. CHAPTER VI OF THE RULES RELATING TO THE POSTHUMOUS CHILD

After the death of the husband, the woman who believes herself to be pregnant may report this to those who, if the posthumous child did not exist, would be called to succeed the deceased. The report shall be made within thirty (30) days following her knowledge of the husband's death, but such delay may be justified or excused.

The mother shall have the right that from the property that corresponds to the posthumous child, if he is born alive and at the proper time, there be assigned to her what is necessary for his subsistence, prenatal and postnatal care.

Adoption is a legal institution of protection whose purpose is to incorporate into the family, in conditions equal to those of a child born from a conjugal relationship, a person who biologically is not born from the adoptive parent, so that he or she may achieve full physical, mental, spiritual, and social development. Adoption of an unborn child is prohibited. TITLE IV OF ADOPTION CHAPTER I OF GENERAL PROVISIONS

Whoever wishes to adopt shall fulfill the following requirements:

• 1)

  Be older than twenty-five (25) and younger than fifty-one (51) years of age;

• 2)

  Be married or domestic partner in a de facto union duly legalized in accordance with the legislation of the country and have a minimum of three (3) years of cohabitation;

• 3)

  Be in the enjoyment and exercise of civil rights;

• 4)

  Be of good conduct and reputation; and,

• 5)

  Have the capacity to educate, assist, and provide for the person adopted. In the case of numeral 1) of this Article, the requirement shall be considered fulfilled if one of the spouses has reached the minimum age established. This requirement may be waived by the competent Judge in application of the Best Interest of the Child principle, in which case he or she shall explain such circumstance in the respective Judgment. In the case of numeral 2) of this Article, both must agree. The competent Judge may, exceptionally, grant adoption even to an adoptive parent who does not meet the requirement of being married or in a legalized de facto union, in application of the Best Interest of the Child principle, and shall provide reasons for his or her decision in the respective Judgment, following the informed opinion of the Public Ministry and the Honduran Institute for Children and Family (IHNFA).

When the adoptive person or persons are foreign nationals with special permission to remain in the country, in addition to the requirements indicated in the preceding Article, they shall accredit their continuous stay in the country for a minimum of three (3) years and the commitment of follow-up by the institution referred to in Article 120-B of this Code.

When the adoptive person or persons are foreign nationals not resident in the country, in addition to the requirements indicated in the preceding Article, they shall accredit the following:

• 1)

  The governmental or private social services institution that in their country of habitual residence shall exercise control and supervision of the fulfillment of legal obligations derived from adoption;

• 2)

  That the institution referred to in the preceding numeral be recognized by the corresponding foreign state, with at least five (5) years of continuous operation; and,

• 3)

  That the institution referred to in numeral 1) of this Article be accredited with the State of Honduras. For purposes of compliance with the requirements set forth in numeral 3) above, the institution shall register with the Honduran Institute for Children and Family (IHNFA). To accredit the aforementioned supervision, the Social Services Institution shall send to the Honduran Institute for Children and Family (IHNFA) a letter of commitment, wherein it shall faithfully indicate the commitment to fulfill the obligations previously indicated.

There is created under the responsibility of the Honduran Institute for Children and Family (IHNFA) the Registry of Adoptees, whose purpose shall be to systematize information on Honduran children who have been adopted, until they reach the age of majority in accordance with the legislation of the country. The registry referred to in the preceding paragraph shall include the following Sub-registries:

• 1)

  Registry of Adoptees;

• 2)

  Registry of Adoptive Parents;

• 3)

  Registry of foreign social service institutions that exercise supervision over Honduran children given for adoption;

• 4)

  Registry of foreign adoption institutions or agencies. The information in this Registry shall be of a confidential nature; for its organization and operation, the Honduran Institute for Children and Family (IHNFA) shall issue the corresponding special Regulation.

For the fulfillment of the supervision obligations established in Article 120-B of this Code, the obligated institution shall send to the Honduran Institute for Children and Family (IHNFA), evaluative reports of the integral development of the child, according to the following schedule:

• 1)

  Quarterly during the first year of adoption;

• 2)

  Semiannually in the second year; and,

• 3)

  Annually as of the third year, until the adoptee or adoptees reach the age of majority, in accordance with the legislation of the country of the adoptive parent or parents.

The following cannot adopt:

• 1)

  Neither spouse without the consent of the other spouse;

• 2)

  Guardians, over persons subject to their guardianship;

• 3)

  Persons who have exercised guardianship over wards or incapable persons until the accounts of administration have been finally approved by the competent judicial authority; and,

• 4)

  Those who have been deprived or suspended from the exercise of parental authority.

The adoptive parent shall be at least fifteen (15) years older than the adoptee; in the case of joint adoption, the difference shall be with the younger spouse.

In the case of indigenous and Afro-descendant children, preference shall be given for their adoption to persons who are members of their ethnic community. In any case, the uses and customs of their identity shall be respected, insofar as they do not prejudice the Best Interest of the Child.

The consent of the adoptee or adoptees or of their legal representatives is indispensable for adoption, and shall be given in accordance with the following rules:

• 1)

  If of age, they shall give it personally;

• 2)

  If subject to guardianship, their guardian shall give it, with authorization from the competent court;

• 3)

  If a minor, it shall be given by whoever or both persons exercise parental authority, with authorization from the competent court; and,

• 4)

  If it concerns children declared in a state of abandonment, it shall be given by the representative of the Honduran Institute for Children and Family (IHNFA), with authorization from the competent Court.

It is prohibited for the father, mother, or legal representative of the child to receive payment or compensation in return for adoption. The same prohibition applies to the person who seeks to adopt, as well as to intermediaries or third persons.

When the Judge hearing the adoption case has reasonable evidence of a crime having been committed, he or she shall report the punishable acts to the Public Ministry, so that it may exercise the corresponding actions.

Every father or mother who wish to give their children for adoption shall proceed to the Honduran Institute for Children and Family (IHNFA) in order to be informed of the social, psychological, and legal consequences of adoption; and once they have that knowledge, if they persist in their decision, they shall be referred to the respective Family Court of First Instance so that they may give their consent to give their children for adoption. In the case that Parental Authority is exclusive to one of the parents, the consent of that parent shall suffice. When the Judge deems it appropriate, scientific evidence of paternity or maternity of the child shall be ordered. With regard to this Article, while what is established herein is not complied with, the respective adoption shall not be processed.

The Family Court Judge or whoever acts in their capacity, where consent is given, shall issue communication to the Honduran Institute for Children and Family (IHNFA) ordering the admission of the child or children to be adopted to the Solidarity Families Program. The Honduran Institute for Children and Family (IHNFA) may assign the child to a temporary family; while the adoption process lasts, which shall be supervised and monitored periodically by the technical and professional staff of the institution. The provisions of this Article shall be applicable only to Honduran adoptive parents and foreign residents in the country.

No natural or juridical person, Honduran or foreign, shall execute in national territory activities whose purpose is the rearing of children with the intent of delivering them for adoption or under any concept analogous to third parties.

It is prohibited to all authorities to permit or promote:

• 1)

  The development of frank or covert adoption programs, whoever the interested person may be;

• 2)

  Reward to the parents or legal representatives for the delivery they make of their children or represented persons to an adoptee; and,

• 3)

  The exercise of any pressure on the parents or legal representatives to obtain their consent. Non-compliance with this provision shall be just cause for dismissal of the employee or official who commits the infraction.

The Honduran Institute of Childhood and Family (IHNFA) in coordination with other competent authorities shall ensure strict compliance with what is prescribed in this title. Likewise, it shall impose on whoever violates what is established in Articles 123-A and 123-E a fine of thirteen (13) to twenty-eight (28) current minimum wages at their highest value, without prejudice to what the Criminal Code may provide on this matter.

If the adopted person or persons were children or adults of legal age who cannot provide for themselves and have assets, those who adopt them shall be subject to the regimes established for guardianship with respect to their administration.

Adoption shall be made in Public Deed which shall be registered by the Civil Registrar and shall be noted in the margin of the birth certificate of the adoptee, in accordance with what this Code provides. In the Deed it shall be recorded whether the adoption is simple or full.

The interested parties must obtain authorization from the Court prior to the execution of the Deed, except in the case of an adopted person of legal age. The Court, even when the legal requirements for adoption are met, shall always assess its convenience for the adopted person, in accordance with the circumstances of each case.

The adoptee or adopteers and the legal representative of the adoptee in their case must appear at the execution of the Deed of adoption.

The Notary who authorizes the Deed shall certify the capacity of the parties executing it, that the legal requirements have been complied with, and that the adoption was authorized by the competent Court, inserting the full text of the judgment. An extract of the Adoption Deed must be published in the Official Gazette La Gaceta. Any person with an interest contrary to the adoption may oppose it before the Civil Registrar within a period of fifteen (15) days from the publication, in writing, in which they shall set forth the reasons for their disagreement and indicate the evidence supporting their opposition.

The Municipal Civil Registry where the original birth certificate of the adoptee or adopteers is registered, before proceeding to the registration of the adoption, must verify compliance with what was ordered in the preceding Article and shall register in the Birth Register the corresponding entry, changing the names of the parents. To relate this new registration with the prior one of the adoptee, the cancellation must be made in the margin of the latter, also indicating that the minor has been adopted and the reference to the new registration. The Municipal Civil Registrar may only reveal or certify the relation of both entries through judicial order or by express request of the Honduran Institute of Childhood and Family (IHNFA) in any case.

Repealed

The adopted person shall use the surnames of the adoptee. In the case of joint adoption, the adoptee shall use as first surname the first surname of the adoptee, and as second, the first surname of the adoptress. If the Court authorizes it, the given name of the adopted person may be changed in the same Deed.

Repealed

No one may be adopted simultaneously by more than one person, except in the case of adoption by spouses. However, a new adoption may take place after the death of the adoptee or adopteers.

Only persons under eighteen (18) years of age who are in any of the following situations may be adopted: 1) Whose parents are unknown or who are orphans; and, 2) Who for any reason are in a state of abandonment. However, those who are subject to parental authority may be adopted if the parents exercising it cannot provide them with food, assistance, and education, these extremes being fully proven, or when in the judgment of the competent Judge the adoption benefits the minor.

Any person with an interest contrary to the adoption may oppose it before the competent judge, prior to the judge issuing the corresponding judgment, setting forth the reasons for their disagreement and providing the evidence that is relevant. In any case, the competent judge may dismiss the opposition if it does not meet the legal requirements or formalities or in accordance with the Best Interest of the Child.

One adoption does not prevent other subsequent adoptions by the same adoptee or adopteers.

The adoption petition shall be presented personally by the adoptee or adoptees and may not be made by an attorney-in-fact.

Repealed

Repealed

In the case of Hondurans by birth born abroad who are not registered before a diplomatic or consular agent of the Republic of Honduras for adoption, it shall be necessary to proceed previously with their registration in the country, with regard to the documentation duly legalized.

Adoption may not be subject to any condition, term, manner, or encumbrance whatsoever. Any provision to the contrary shall be considered null.

Adoption that does not meet the requirements established in this Law is null; equally null is that which is subject to error, coercion, or fraud. The action for nullity corresponds to anyone who has a current interest therein, and may only be exercised within a period of four (4) years counted from the date of registration of the corresponding Deed by the Civil Registrar.

The judicial authorization required by the Law shall be requested by means of a written petition, in which shall be set forth the reasons upon which the concurrence of the legal requirements is based.

The father or mother who has the adopted person under their authority or the person who legally represents them may subscribe to the petition, in which case they shall ratify it before the Judge. If they have not subscribed to it, they must give their consent in the presence of the Judge, which shall be recorded in the proceedings.

Once the petition is presented, if the person to be adopted is under fourteen (14) years of age, the Judge shall order that the Honduran Institute of Childhood and Family (IHNFA) conduct a confidential socio-economic study of the person and of the petitioner or petitioners.

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Adoption establishes civil kinship between the adoptive parent and adoptee, forming part of their respective families. As of the date of registration of the adoption in the civil registry, the adoptee shall bear the surname of the adoptive parent(s).

By adoption, the adoptee ceases to belong to his or her biological or consanguineous family and the kinship by consanguinity with the same is extinguished, and he or she shall not be required to perform obligations by reason of kinship with his or her consanguineous descendants or collateral relatives. Notwithstanding, the marriage impediments contemplated in this Code with respect to the biological family remain in force. If the adoptive parent is the spouse of the biological father or mother of the adoptee, the latter shall retain the ties of consanguinity that unite him or her with his or her father or mother and with the relatives by consanguinity of the latter.

Adoption is irrevocable, incontestable, and does not expire in any case. Once a child is adopted, no one may exercise any action to establish his or her consanguineous filiation, nor to recognize him or her as a son or daughter.

Repealed

At the request of the adoptive parents, the competent Court may agree to the modification of the proper name of the adoptee, provided that the consent of the adoptee is required if he or she has reached eighteen (18) years of age and is not in a state of permanent incapacity to grant it. Such consent must be simple and granted freely and personally.

It corresponds to the adoptive parent or parents to exercise parental authority over the adoptee in accordance with the provisions of this Code. In cases of divorce, separation of fact, and second or subsequent marriages, the same rules provided for these cases in the present Code shall apply with respect to the relations of the adoptive parents with their adoptees as apply to children subject to parental authority.

If, for any reason, the adoptive parents cease to exercise parental authority, a guardian shall be appointed for the adoptee.

Repealed

Parental authority exercised by the adoptive parent or parents is extinguished, suspended, and lost for the same reasons as that of parents, as applicable.

The competent courts directly or through the corresponding state agency, ex officio, at the request of an interested party or by report, shall investigate the living conditions of the adoptee in order to determine whether the rights are being granted and the obligations provided for in this Code are being fulfilled, issuing the appropriate measures in case of breach.

Repealed

Repealed CHAPTER V CONVERSION OF SIMPLE ADOPTION INTO FULL ADOPTION

Repealed

Repealed

Repealed 53 Article 164. Repealed by Decree No. 73-96, Code of Childhood and Adolescence dated May 30, 1996, published in the Official Gazette No. 28,053 dated September 5, 1996. 54 Article 166. In the Official Gazette La Gaceta it says breach, but for better understanding read violation. 55 Article 167. Explicitly repealed by article 56 of the Tax Equity Law Decree 51-2003 dated April 3, 2003 and published in the Official Gazette No. 30,059 dated April 10, 2003, which repeals the Law on Levies on Inheritance, Legacies and Donations. 56 Article 168. Tacitly repealed by the Law on Structural Reorganization of the Economy, decree 18-90 published in the Official Gazette No. 26,083 dated March 12, 1990. Article 13 of the Income Tax, which eliminates the deductions for persons who are economically dependent on the taxpayer. 57 Article 169. Repealed by Decree 73-96, Code of Childhood and Adolescence dated May 30, 1996, published in the Official Gazette No. 28,053 dated September 5, 1996. 58 Article 170. Repealed by Decree 73-96, Code of Childhood and Adolescence dated May 30, 1996, published in the Official Gazette No. 28,053 dated September 5, 1996.

Repealed CHAPTER VI ADOPTION PROCEDURE

Adoption matters shall be heard by the Judge of Letters in Civil Matters of the domicile of the adoptive parent or adoptive parents, until the Family Courts are established.

In the adoption petition shall be expressed:

• 1)

  The name of the adoptive person or adoptive persons; the person to be adopted; that of their parents or guardians, and that of the persons who have received them, or the institution where they are protected;

• 2)

  That the consent of their parents, guardians or, in the case of, the legal representative of the social assistance institution where the minor may be, or directly of the adoptee if of legal age concurs; and,

• 3)

  The testimony of two (2) honorable persons shall be proposed to accredit, as far as the adoptive person or persons is or are concerned, their good conduct whenever it is pertinent, or in the case of the corresponding documentary evidence, that they have sufficient resources for the fulfillment of the obligations imposed by adoption. For the verification of the identity of the biological parents or of the persons who in their absence granted legal consent and their link with the child, object of the adoption, the judge shall provide the appropriate proceedings regarding circumstances that the Judge shall make mandatory consideration upon issuing their judgment, under penalty of nullity.

To the adoption petition shall be attached: 59 Article 171. Repealed by Decree 73-96, Code of Childhood and Adolescence dated May 30, 1996, published in the Official Gazette No. 28,053 dated September 5, 1996. 60 Article 172. Repealed by Decree 73-96, Code of Childhood and Adolescence dated May 30, 1996, published in the Official Gazette No. 28,053 dated September 5, 1996. 61 Article 174. Amended by Decree 124-92 dated September 22, 1992, Published in La Gaceta No. 26,873 dated October 19, 1992. 62 Article 175. Amended by Decree 124-92 dated September 22, 1992, Published in La Gaceta No. 26,873 dated October 19, 1992.

• 1)

  Certification of the Birth Certificate of the adoptive person or adoptive persons, or any other document that may legally substitute it;

• 2)

  Certification of the birth certificate of the person to be adopted;

• 3)

  Marriage Certificate, if the adoption is requested by both spouses;

• 4)

  Medical certificates certifying the physical and mental health, and corresponding laboratory examinations of each of the persons wishing to adopt and of the minor, or the minors to be adopted and of their biological children if they have any;

• 5)

  Certificate of Police Registration or of the competent official for foreigners, and of the Criminal Courts, for Hondurans and resident foreigners, issued at the respective domicile of each of the persons wishing to adopt, which affirms that they lack criminal records;

• 6)

  Proof of Employment with indication of position, salary, seniority and social benefits derived from the employment relationship;

• 7)

  Judicial Certification in which the approval of management accounts appears, if the applicant had been guardian of the minor or minors to be adopted, or even if the guardian is not the adoptive parent.

If the adoptive person or persons are foreigners residing outside the country they must additionally present the following documents: 8) Socio-Economic Study, conducted by a Social Services Agency, registered in the Registry maintained for this purpose by the Honduran Institute of Childhood and Family and which is created in Article 120 of this Code, near the domicile of the adoptive parents in the case of foreigners. When the applicant or applicants are natural Hondurans, naturalized Hondurans or naturalized Hondurans and resident foreigners, the Honduran Institute of Childhood and Family shall conduct said evaluation; 9) Legalized photocopy of Real Property Titles or rental contracts of the same; 10) A minimum of three (3) letters of honorability of the applicant or applicants issued by community, religious or governmental authorities from their place of residence 11) Judicial Certification in which the approval of the Management accounts appears, if the applicant or applicants had been guardians of the minor, the minor or the minors to be adopted, or even if the guardian is not the adoptive parent; 63 Article 175.-A. Added by Decree 124-92 dated September 22, 1992, Published in La Gaceta No. 26,873 dated October 19, 1992.

12) Two (2) recent photographs of the applicant or applicants, front view and in color; 13) Copy of the passport of each of the persons wishing to adopt; 14) Official approval from their country to adopt one or more children abroad or proof of the immigration authority of the country of residence of the applicant or applicants, stating the approval to adopt outside their country of origin; and, 15) Proof issued by the Honduran Consul, at the domicile of the applicant or applicants, certifying that they meet the adoption requirements, according to the law of their country of origin or residence, or that the Social Services Agency of the adoption is officially recognized.

The petition shall be submitted to the District Attorney for three days, who shall be party to the proceedings, as well as to the parents or legal representatives of the minor. If the latter has no parents nor is in any social assistance institution, a curator shall be appointed for this purpose. In the order of admission of the petition, an order shall be made that at the cost of the interested parties, an extract of the petition be published in the Official Gazette "La Gaceta" and in any other newspaper of national circulation, indicating the names and surnames of the applicants and the minor to be adopted and of the biological father or mother; in the case of an abandoned minor, it shall be indicated that they are represented by the Honduran Institute of Childhood and Family (IHNFA). After the aforementioned publication, any person may invoke the precepts of

of this Code, in which case the Judge hearing the case shall process it as an incidental matter in accordance with the Civil Procedure Code, resolving at the appropriate time what it deems appropriate for the safety, care and education of the minor to be adopted.

Once the evidence has been presented and if no opposition has been filed and prior to the confidential report filed in the case, by the Honduran Institute of Childhood and Family (IHNFA), referred to in this Code, the Judge shall declare that adoption is appropriate. In case opposition is presented, which shall be processed as an incident, in accordance with the provisions of the Code of Procedures, the Judge, taking into consideration the convenience and safety of the adoptee, shall declare whether or not adoption is appropriate. 64 Article 176. Amended by Decree 137-87 dated September 10, 1987, Published in La Gaceta No. 25,340 dated September 29, 1987.

Against the Judge's resolution, the interested party may file the remedy of reconsideration and subsidiarily the remedy of appeal, within the period of three (3) days, whose processing and resolution shall be governed in accordance with the provisions of the Civil Procedure Code.

Once judicial authorization is obtained and the corresponding public deed is granted, the interested party shall proceed with registration of the adoption before the Civil Registrar, in a special book that shall be called the "Adoption Registry".

The registration of adoption, in addition to the common indications of all registration, shall contain:

• 1)

  Name, age, surnames, nationality, marital status, profession or occupation, and domicile of the adopter or adopters and the adoptee;

• 2)

  Place where the birth registration of the adoptee is located; and,

• 3)

  Reference to the judgment authorizing the adoption. CHAPTER VII ON THE EFFECTS OF FULL ADOPTION

Adoption shall not have effects between the adopter or adopters and the adoptee, nor with respect to third parties, except after its registration by the respective Civil Registrar.

The adopter or adopters, in the exercise of parental authority over the adoptee, shall in the deed of adoption referred to in this Code make an inventory of the goods and debts of the adoptee; or, if the adoptee has none, a record of such fact shall be made. The omission of such requirement shall make the adopters jointly and severally liable for all damages caused to the adoptee. If there are goods, they shall be judicially appraised and the adopter or adopters shall constitute sufficient guarantees to answer for them. The amount and nature of the bond shall be determined by the Judge, after hearing the person upon whom the presumed adoptee depends.

The credits that the adoptee has against the adopter or adopters, originating from the administration of their property, shall be considered as included in number four (4) of Article 2,256 of the Civil Code, and their creation date shall be that of the registration of the adoption.

The adopter or adopters may appoint a guardian for the adoptee by will, preferably from among the parents. However, the appointment shall have no effect if, before the testator's death, the adoption has terminated. The adopter shall be called to the legitimate guardianship of the adoptee last. The adoptee shall be called to the legitimate guardianship of the adopter immediately after the latter's children. The legitimate guardianship exercised by the adopter or adoptee shall cease if the adoption terminates. TITLE V ON PARENTAL AUTHORITY CHAPTER I ON GENERAL PROVISIONS

Parental authority is a set of rights and duties that parents have with respect to the person and property of their children. Its legal regime shall be one of protection for minors, preventing abuses and imposing the loss or suspension thereof upon the father or mother in the cases provided for in this Law.

Parental authority comprises, among other rights and obligations, the right to legally represent the minor; to exercise his or her guardianship and care; to feed, assist, educate, and administer his or her property. Excluded from parental administration are goods inherited, bequeathed, or donated to the minor if so expressly provided by the testator or donor. In such case a special curator shall be appointed. The minor son authorized by law to work shall administer and dispose of, as if of age, the property acquired through his or her work or public employment.

The exercise of parental authority corresponds to both parents jointly. However, it shall be exercised by one of them alone when conferred upon him or her by judicial judgment or when the other is unable to exercise it. In these cases the domicile of the minor shall be that of the parent exercising it. When there is disagreement between the father and mother in the exercise of parental authority, the competent court shall resolve what is most beneficial to the minor's welfare. The Judge may hear expert opinions when deemed appropriate. Professionals or technical personnel of state organisms or departments are obligated to advise the Judge free of charge when the Judge requests their opinion.

If the parents are minors, the legal representation, guardianship and care, feeding, assistance, education, and administration of property shall be exercised jointly by the person who has parental authority or guardianship over the father or mother. In the case of a girl becoming pregnant before reaching eighteen (18) years of age, she shall remain subject to Parental Authority over her. The child born shall be subject to the joint Parental Authority of the parents or legal representatives of both parents if they are minors under eighteen (18) years of age, until they reach the age of majority. In this case, absent justified cause, the guardianship and care of the child born shall preferably be the responsibility of the parents or legal representatives of the mother, and the child shall remain with her. In the event they marry, they shall become legally able to exercise parental authority in their own right, even if they are under twenty-one (21) years of age. In all cases both parents and therefore their legal representatives shall have the obligations referred to in this Code.

Parental authority over the adopted child shall be exercised solely by the person or persons who have adopted him or her.

Parents and children owe each other mutual respect and consideration. Children subject to parental authority owe obedience to their parents.

Parents in the exercise of parental authority have the right to exercise guidance, care, and correction of their children, and to impart to them in accordance with the evolution of their physical and mental faculties, the direction and guidance that is appropriate for their integral development. It is prohibited for parents and all persons responsible for personal care, upbringing, education, treatment, and supervision, whether on a temporary or permanent basis, to use physical punishment or any type of humiliating, degrading, cruel, and inhumane treatment as a form of correction or discipline of children or adolescents. The State, through its competent institutions, shall guarantee: a) The execution of awareness and education programs directed at parents, as well as all persons responsible for the care, treatment, education, or supervision of children and adolescents, at both national and local levels; and, b) The promotion of positive, participatory, and non-violent forms of discipline that are alternatives to physical punishment and other forms of humiliating treatment.

Parents may not sell, rent, or encumber the property of their children subject to Parental Authority, nor contract in their name obligations that exceed the limits of normal administration, except for justified cause of absolute necessity and utility for the benefit of the child, with prior authorization of the competent court and with the intervention of the Public Ministry. In the case of movable property, authorization shall not be necessary when its value does not exceed two (2) minimum salaries at their highest value. Likewise, they may not make donation of any part of the child's property nor accept or reject an inheritance bequeathed to the child, except in the form and with the limitations imposed on guardians and curators.

With respect to the guardianship and care of children, the agreement of the parents shall be followed when they do not live together.

If there is no agreement between the parents regarding the guardianship and care of the children, or if such agreement is contrary to the material or moral interests of the children, the matter shall be decided by the competent court, which shall be guided solely by what is most beneficial for the minors in resolving it. Under equal conditions, it shall be the general rule that the children remain in the care of the parent in whose company they have been up to the moment the disagreement arises, preferring the mother if they were in the company of both, and in all cases unless special reasons recommend any other solution.

In the case of the preceding Article, the court shall provide what is appropriate so that the parent to whom the guardianship and care of the minor children is not conferred shall maintain written and verbal communication with them, regulating it with the frequency that the case requires and always for the benefit of the interests of the minors. Failure to comply with what is provided in this regard may be cause for modification of what was resolved regarding guardianship and care, without prejudice to the criminal liability that may arise from such conduct. Exceptionally, when circumstances require it, special provisions may be adopted that limit the communication of one or both parents with the child, and even prohibit it for a certain time or indefinitely.

The measures adopted by the court regarding guardianship and care and communication regime may be modified at any time, when it is appropriate due to changed circumstances of fact that determined it.

The exercise of parental authority, regarding the administration of the minor's property, shall not obligate the parents to render bonds or security, nor to make a formal inventory thereof, unless either of them enters into other marriage. However, the parents must keep a detailed description of the property from the moment they begin their administration, being responsible for their management. The Judge, at the request of relatives or the Public Ministry, may demand or relieve the father or mother, as the case may be, from the administration of the property of the children, when it is proven that they have acted with fraud or inexcusable negligence.

The father and mother enjoy the usufruct of all the property of their son or daughter, with the exception of the following:

• 1)

  Property acquired by the son (or daughter) in the exercise of any employment, profession, art or trade;

• 2)

  Property acquired by the son (or daughter) by way of donation, inheritance or bequest, when the donor or testator has expressly provided that the usufruct of those properties belongs to the son (or daughter) and not to the father or mother; and,

• 3)

  Inheritances or bequests that have passed to the son (or daughter) due to incapacity or unworthiness of the parents. The property comprised under numeral 1) constitutes the professional or industrial peculium of the son (or daughter); those in which the son (or daughter) has ownership and the parents have the right of usufruct constitute the ordinary adventitious peculium; and those comprised under numerals 2) and 3), the extraordinary adventitious peculium. The usufruct of the father or mother conferred by Law is called legal usufruct. The condition of not administering imposed by the donor or testator shall not be understood to deprive the father or mother of usufruct, nor shall the condition depriving usufruct be understood to deprive the father or mother of administration unless expressly stated by the donor or testator.

The father or mother does not enjoy legal usufruct except until the emancipation of the son (or daughter). The son (or daughter) shall be regarded as emancipated and of age for the administration and enjoyment of his or her professional and industrial peculium.

If the father or mother does not have the administration of all or part of the ordinary or extraordinary adventitious peculium, a guardian shall be appointed to the son (or daughter) for administration; but once the father is deprived of the administration of those properties of the son (or daughter) in which the Law grants him usufruct, he shall not cease to have the right to the net proceeds deduced from these by the costs of administration.

The acts and contracts entered into by the son (or daughter) outside his or her professional or industrial peculium, which the parents or whoever exercises Parental Authority authorize and ratify in writing, shall directly bind the authorizers and subsidiarily the son (or daughter), up to the extent of the benefit that may have been obtained from such acts and contracts. Those not authorized by the parents or whoever exercises parental authority, in the case of Article 197-C, shall bind the son (or daughter) exclusively in his or her professional or industrial peculium. But he or she may not borrow money at interest nor purchase on credit, except in the ordinary course of such peculium, without authorization of the parents or legal representatives in a public instrument or with their express and direct intervention in the act. And if he or she does so, he or she shall not be bound by these contracts, except up to the extent of the benefit that may have been obtained from them.

The son (or daughter) does not require paternal or maternal authorization to dispose of his or her property by testamentary act that is to take effect after his or her death.

The parents must deliver to the children, upon reaching the age of majority, the property that belongs to them and render them an account of their administration.

The Judge may, in case of physical disability of both parents, entrust the personal care of the children to another competent person or persons. In the selection of this person, preference shall be given to the nearest relatives by blood and especially to the ascendants.

The resolutions of the Judge regarding the preceding Article shall be processed, revoked or modified by the cessation of the cause that gave rise to them, by resolution of the competent Family Judge of Letters, in all cases and at all times, if just cause arises. The Judge shall proceed for all these provisions summarily, hearing the relatives.

The Judge shall proceed for all these resolutions summarily, hearing the relatives.

Parental authority is extinguished:

• 1)

  By the death of the child;

• 2)

  By the child reaching the age of majority;

• 3)

  By the marriage of the child;

• 4)

  By the full adoption of the child; and,

• 5)

  By emancipation and legal capacity.

Parental authority is lost:

• 1)

  Due to depraved or scandalous conduct of both parents or one of them, excessive and unreasonable severity in the treatment of the children, or abandonment of them;

• 2)

  Due to a crime committed by one of the parents against the other or against the person of any of their children, when there has been judicial conviction;

• 3)

  For having been convicted, two (2) or more times for crimes of a common nature, if the penalty exceeds three (3) years in each case;

• 4)

  Due to mental disorder of the parents or one of them declared judicially; and,

• 5)

  By final judgment rendered in a divorce or nullity of marriage proceeding.

The exercise of parental authority is suspended when any of the following circumstances concur:

• 1)

  Grave breach of the duties that correspond to parents in accordance with the first paragraph of Article 186 of this Code;

• 2)

  Absence for more than two (2) years and that causes harm to the minor;

• 3)

  Civil interdiction;

• 4)

  Habitual drunkenness or improper use of heroin and narcotic substances;

• 5)

  Simple adoption; and,

• 6)

  Fraud or inexcusable negligence in the administration of the child's property.

The deprivation or suspension of parental authority does not exempt parents from the obligation to provide alimony to their children.

In sentences dictated by a competent Judge, by which both parents, or one of them, are deprived of parental authority, or its exercise is suspended, provision shall be made, as appropriate, regarding the legal representation of the minors, their guardianship and care, child support, and the regime of communication between parent and child.

Only the minor's ascendants, their collateral relatives within the fourth degree of consanguinity, and the Public Ministry may bring the action for loss or suspension of parental authority.

The competent Judge, when the circumstances in each case have changed, and at the request of an interested party, may restore the exercise of parental authority. In any case, the person seeking rehabilitation must prove his or her good conduct observed for at least three (3) years prior to the date on which the respective request is presented.

Repealed

Alimony shall be proportional to the resources of the person who must provide it and to the circumstances of the person who receives it, and shall be paid in weekly, biweekly, or monthly installments, in advance. These cannot be pursued by the creditors of the person obligated to pay alimony.

Alimony shall be understood as everything that is indispensable for the integral development of a person, such as sustenance, housing, clothing, medical assistance, integral formation and education or instruction.

Alimony comprises the obligation to provide the mother with expenses occasioned by pregnancy, childbirth, or its immediate consequences. The obligation to cover prenatal and postnatal expenses and childbirth shall be understood as fulfilled if the mother is covered by medical insurance, whether public or private, except when non-covered care is required. In the case that paternity is not accredited, the father is obliged to submit to the genetic marker test or DNA test, and the mother must return the amount received for this concept if it is proven that he is not the father. Until paternity is accredited, the Judge shall not issue a judgment in matters of alimony.

The Complaint for Alimony and the answer may be presented verbally or in writing before the competent Court. In the verbal complaint, a record shall be drawn up and signed by the Secretary of the respective court and the plaintiff and defendant, as the case may be. The written complaint that has defects shall be corrected in the act by the Secretary, with amendments saved by signature and seal. If the economic condition of the plaintiff requires it and some document is missing that is not in his or her ability to present with the complaint, the Judge, at the request of a party or ex officio, and following a report from the court secretariat, shall order the corresponding authority to issue it gratuitously and remit it to his or her office. In alimony proceedings, dilatory exceptions may not be raised.

For the purposes of setting alimony in the proceedings, the Judge, at the request of an interested party or ex officio, may order the respective employer to extend certification of the income of the defendant, and they are obligated to remit it to these authorities within two (2) business days, under penalty of incurring corresponding criminal liability. This circumstance shall be inserted in the official notice to inform the recipient. The Judge may also order the Executive Bureau of Income to issue a statement of the defendant's last income declaration. When it is not possible to accredit the income of the defendant, the Judge may establish it through a socioeconomic study taking into account his or her assets, social position, customs, and in general, all the background and circumstances that serve to evaluate his or her economic capacity. In any case, it shall be presumed that he or she earns at least the average minimum wage in effect for the work or activity to which he or she is engaged.

If the property or income of the person obligated to provide alimony are seized by virtue of a prior action based on alimony or are subject to the fulfillment of an alimony judgment, the Judge, ex officio or at the request of a party, upon learning of the fact in a concurrent proceeding, shall assume knowledge of the different proceedings solely for the purpose of determining the amount of the various alimony payments and the needs of the different beneficiaries. Whether there is a complaint for alimony, ex officio action by the Judge, or a petition by the defendant, the defendant shall accredit the need to provide alimony to the other beneficiaries and compliance with all of them. The sums received for this purpose shall not be returned by the fact that the Court of Appeals revokes the order in which it granted the same.

While the obligor does not comply or accede to comply with the alimony obligation he or she has regarding a child, he or she shall not be heard in the claim regarding his or her custody and personal care nor in the exercise of his or her rights over that child. The Judge shall arrange, when necessary, the custody and care of the child in whose name the proceedings were initiated, without prejudice to the pertinent judicial actions.

When parents are imposed the sanction of suspension or loss of Parental Authority, the alimony obligation shall not cease on that account. However, that obligation ends when the child is adopted by another person.

Alimony is not owed except in the part that the property and labor of the person obligated to provide it do not satisfy.

The right to request alimony cannot be transmitted by reason of death, nor may it be alienated or transferred in any manner, nor may it be renounced.

The competent Judge shall have jurisdiction over alimony cases. The Judge may order provisional alimony with only the presentation of the birth certificate, within the course of the proceedings, without prejudice to restitution if the person from whom alimony is demanded obtains an acquittal judgment.

The Judge may, at the request of either party or ex officio, order that provisional alimony be paid from the admission of the complaint if there appears even summary proof of the economic capacity of the defendant and of the existence of the alimony obligation. The Judge shall immediately notify, furthermore, the immigration authorities so that the defendant cannot absent themselves from the country without providing sufficient guarantee that backs the fulfillment of said obligation. Provisional alimony shall be granted without prejudice to the reimbursement of its value if the defendant proves that they are not obligated to provide it.

Alimony is owed to:

• 1)

  The spouse and blood-related descendants and the pregnant woman expecting a child who is about to be born;

• 2)

  The disabled child even if of legal age;

• 3)

  The blood-related father and mother;

• 4)

  The grandparents and other blood-related ascendants, matrimonial or extramatrimonial;

• 5)

  Blood-related disabled siblings or those under legal age;

• 6)

  The person who made a substantial donation, if it has not been rescinded or revoked;

• 7)

  The person with whom the testator lived as if they were their spouse during the five (5) years immediately preceding their death or with whom they had children, provided that both remained unmarried during their cohabitation and the surviving person is unable to work and does not have sufficient property. This right shall only subsist as long as the person in question does not enter into marriage. If there were several persons with whom the testator lived as if they were their spouse, none of them shall have the right to alimony; and,

• 8)

  The adopter to the adopted person and the latter to the former.

The person obligated to provide alimony must provide it to all the persons indicated in the previous article; however, if they cannot provide it to all, they must provide it in the order in which they are enumerated.

The testator must ensure alimony for their child until the age of majority if a minor, and for life if disabled, and for their parents and spouse, if these persons need it.

Alimony is owed to a child born as a result of the commission of a crime of rape or statutory rape, provided that the time of conception coincides with that of the punishable act, in accordance with the presumptions established in this Code and in the Civil Code.

Past alimony cannot be claimed, except for the six (6) months prior to the filing of the claim, and only in case the person entitled to alimony has had to incur debts to live.

When the person obligated to provide alimony is not present, or being present refuses to deliver to their spouse and children the alimony that corresponds to them, they shall be responsible for the debts that these persons incur to cover that requirement; but only to the extent strictly necessary for that purpose.

Alimony may only be demanded from other relatives when it is proven that the person to whom it corresponds lacks the capacity to provide it, and must be determined according to the degrees of kinship by consanguinity. The Judge shall regulate the contribution, taking into consideration the resources of the persons obligated to provide alimony, and may, from time to time, modify it according to circumstances that arise.

If the child abandoned by their parents has been fed and raised by another person who has acted in good faith, and the parents wish to remove the child from their care, they must pay the costs of the child's upbringing and education as assessed by the competent Family Court Judge.

The obligation to provide alimony shall not exist:

• 1)

  When the obligor places themselves in a position of being unable to provide it without disregarding their own nutritional needs or without failing to fulfill the same alimony obligation toward other persons who have a preferential right over them;

• 2)

  When the person receiving it ceases to need it;

• 3)

  In case of serious injury, fault, or damage by the person receiving alimony against the person obligated to provide it;

• 4)

  When the spouse receiving it has incurred willful and malicious abandonment of the home;

• 5)

  When the person receiving alimony behaves badly, is declared a vagrant, or leads a dissolute life, or does not use for that purpose the benefits received, or when they suffer from habitual scandalous drunkenness; and,

• 6)

  When persons receiving alimony who are minors reach the age of majority, except that they have not completed their higher education initiated during minority and obtain good grades in it, or they are disabled.

When the obligation to provide alimony falls upon two (2) or more persons, the payment shall be distributed among them in an amount proportional to their respective patrimony. In case of urgent need and due to special circumstances, the Judge may order that one or more of the obligated persons provide it provisionally, without prejudice to their right to claim from the others the amount that corresponds to them.

The competent Judge shall determine the amount and form in which alimony must be paid.

The alimony obligation may be modified by a change in circumstances of the person who provides it and of the person who receives it.

Legal representatives and simple guardians have legal capacity to file claims for food support on behalf of minors or incapacitated adults. In such cases, this circumstance must be proven together with the claim.

Whoever possesses several grounds to claim food support may only exercise one of them, following the order established in Article 211 of this Code.

The obligor to provide food support who has equal responsibility toward other family members may request that the food support payment be assigned prorata with other obligations of the same nature that he is effectively providing.

The obligor to provide food support may, by order of the competent Judge, satisfy such obligation by paying the pension that is fixed as compensation, while maintaining in his own house the person who has the right to receive it.

The action of the food support claimant to recover unpaid monthly installments from food support pensions already decreed prescribes after the passage of one (1) year, counted from the date on which the corresponding monthly installment should have been paid.

Food support payments not made from the presentation of the claim until the judgment becomes final shall be the subject of decision by the Judge in the final sentence, specifying the proportional form of payment and the deadline within which they must be paid, taking into account the interest of the food support claimant and the paying capacity of the obligor.

In the case of fraud to obtain food support, all those who have participated in the fraud shall be jointly and severally liable for the restitution of the values supplied for that purpose, including compensation for damages and injuries caused.

Marriage terminates:

• 1)

  By death of one (1) of the spouses;

• 2)

  By the presumption of death of one (1) of the spouses, declared in accordance with the law;

• 3)

  By the declaration of nullity of the marriage; and,

• 4)

  By final judgment declaring divorce.

Marriage is voidable:

• 1)

  When contracted by persons lacking legal capacity to do so;

• 2)

  When contracted with error regarding the person, coercion, or intimidation that vitiates consent; and,

• 3)

  By absolute impotence that prevents marital relations.

Marriage is absolutely null when contracted by the persons referred to in Articles 19 and 20 of this Code, except in the case of dispensation mentioned in the final paragraph of that article.

The right to petition for nullity in the cases referred to in numerals 1 and 2 of Article 228 belongs exclusively to the affected spouse, within the period of six (6) months from the celebration of the marriage. In the case referred to in numeral 3 of said Article, only the affected spouse may petition for nullity, within thirty (30) days of the cause that vitiates consent having ceased.

Marriage declared null shall in all cases produce the effects provided in this Code for children born thereof and for the spouse who has acted in good faith.

The spouses, by mutual agreement or by the initiative of either of them, may request in writing from the competent Judge their de facto separation. Separation may not be requested except after one (1) year, counted from the date on which the marriage was celebrated.

In the case of separation by mutual agreement, the name of the spouse who will remain in charge of the common children must be expressly indicated in the petition, as well as the one who will assume the obligation to provide food support and the proportion in which this will be given, the same as the form and periods in which the spouse who does not have custody of the children may see them.

In the event that the petition is presented by only one of the spouses, the other spouse shall be notified so that within the period set by the Judge, they may mutually agree on the points indicated in the preceding Article. If they do not reach agreement, the Judge shall resolve what is appropriate.

After two (2) years have elapsed from notification of the agreement reached by the spouses or, as the case may be, from the judgment rendered by the Judge, without the spouses having been reconciled, either of them may invoke the separation as grounds for divorce.

Divorce dissolves the matrimonial bond and produces the effects set forth in this Code.

Divorce must be declared by judicial judgment.

The grounds for divorce are:

• 1)

  The infidelity of either spouse;

• 2)

  Physical, psychological, sexual, patrimonial and/or economic mistreatment by one spouse against the other or against the children, which make life in common unbearable;

• 3)

  An attempt by one spouse against the life of the other or of the children;

• 4)

  Manifest and unjustified abandonment by one spouse for more than two (2) years without communication with the other;

• 5)

  Any conduct by one spouse tending to corrupt or pervert the other or the descendants;

• 6)

  The use of narcotic drugs and controlled substances, prohibited gambling, or harmful consumption of alcohol by one spouse, when they threaten to cause the ruin of the family or constitute a cause of marital discord;

• 7)

  The unjustified refusal by one spouse to fulfill toward the other or toward the common children the duties, assistance, education, and maintenance to which he or she is legally obligated; and,

• 8)

  De facto separation of the spouses for two (2) consecutive years.

The action for divorce may only be brought by the innocent spouse, except in the case provided in numeral 8 of the preceding article, in which any of the spouses may bring it.

The right to file a contested divorce action may not be commenced after one (1) year counted from the date the cause that motivates it became known, except in the cases of numerals 1, 2, 4, and 6, in which it may be filed at any time, provided the facts that gave rise to the cause persist.

Divorce may not be declared if there has been reconciliation or marital life between the spouses, whether after the facts that could have authorized it or after the filing of the complaint.

In the judgment declaring the divorce, the Judge shall determine the amount and manner in which the spouses must provide for the needs of each other and of the children; and, as applicable, the designation of common property to fulfill these obligations. Likewise, the Judge shall rule on parental authority and custody of the children.

The spouse who discovers she is pregnant is obligated to notify this in writing within seven (7) days counted from the date on which she confirmed her condition to her spouse or to the Judge if there is a pending lawsuit. The spouse shall make the same notification within the same period if a final judgment has been rendered in a divorce or annulment action before the Judge who heard the case. If the spouse does not notify within the designated period, it shall be considered valid provided the Judge finds it proven that the delay has been justified. In the event of inability to locate the spouse for purposes of the notification referred to in this Article, notification shall be made to his or her closest relative or, failing that, to his or her legal representative. This provision shall be applicable to legally recognized de facto unions.

After two (2) years have elapsed from the celebration of the marriage, it may be dissolved by the consent of the spouses, if they are of legal age.

The spouses who intend to dissolve the matrimonial bond by mutual consent shall personally and in writing submit their request to the competent Judge of their domicile, attaching the following documents:

• 1)

  Certificates issued by the Civil Registry showing their age and their status as married persons; and,

• 2)

  Certificate of birth certificates of minor children, if any.

• 3)

  Proposal of the regulatory agreement whose content shall be as established in the Code of Civil Procedure.

On the same date of presentation of the request, the judge shall summon the spouses to a hearing that shall be held immediately, at which the judge shall make such observations as deemed appropriate, making clear to them the consequences of the dissolution of the marriage. If the spouses insist on their request and there are no minor or incapacitated children, the judge shall immediately render the judgment that corresponds, ruling also on the regulatory agreement.

If there are minor or incapacitated children, in the same hearing referred to in the preceding article the judge shall summon the spouses to a new hearing, which shall be held in fifteen (15) days. Within that period the Public Ministry must render a reasoned opinion on the regulatory agreement and the judge shall hear the minor children if they have sufficient judgment.

Once the foregoing proceedings have been completed, as applicable, the Judge in the same hearing or within a period of five (5) days shall render judgment declaring the marriage dissolved, shall rule on the regulatory agreement, shall order the registration in the Registry of Immovable Property of the deed of division when it refers to immovable property, and likewise shall order the registration of the divorce judgment with the corresponding Civil Registry.

In the event that the judgment declaring the marriage dissolved does not approve in whole or in part the proposed regulatory agreement, the judge shall give the spouses a period of ten (10) days to submit a proposal for a new agreement or proposal for new wording of the specific points that were not approved. After the proposal is presented or the granted period expires without doing so, the judge shall render an order within three (3) days, resolving what is appropriate. Both the judgment denying the divorce and the order that agrees to some measure that departs from the terms of the agreement proposed by the spouses may be appealed. The appeal filed against the order that decides on the measures shall not suspend the effectiveness of these measures, nor shall it affect the finality of the judgment relating to the divorce. The judgment or order approving in its entirety the proposal of agreement may only be appealed in the interest of minor or incapacitated children, by their representatives.

A marriage voidable by nullity contracted in good faith by both spouses shall produce all its civil effects while it subsists. Once annulled, it shall produce the same effects as divorce.

A marriage contracted in good faith by one of the spouses shall produce its effects only with respect to that spouse and the children. A marriage contracted in bad faith by both spouses shall produce its effects only with respect to the children. In these cases, however, marital property shall be subject to the provisions of Article 80, without prejudice to the action to claim damages by the spouse acting in good faith.

Upon declaring the nullity of marriage, the competent Judge shall determine who shall have custody and shall exercise parental authority over the children, taking into account the degree of culpability of the spouses and always ensuring the safety and welfare of the children.

The effects of divorce are:

• 1)

  The dissolution of the matrimonial bond that leaves the spouses free to contract a new marriage;

• 2)

  The liquidation of the patrimony;

• 3)

  The right to maintenance in favor of the innocent spouse and the children;

• 4)

  The suspension or loss of parental authority, when applicable; and,

• 5)

  The establishment of child support in favor of the persons included in numerals 7 and 8 of Article 211, which must be provided by the person invoking said grounds.

Once the divorce petition has been filed, the competent Judge shall provisionally issue the measures deemed necessary for the protection of the rights of the children, hearing the opinion of both spouses if necessary.

In the judgment declaring the divorce, the Judge shall decide on all aspects indicated in Article 252.

The innocent spouse shall enjoy the maintenance allowance while he or she is unable to obtain income that ensures means of subsistence, provided that he or she does not contract a new marriage.

At any time the Judge may issue, at the request of one of the parents, other relatives, or the Public Ministry, the measures he or she considers beneficial for the children that are motivated by new facts.

Once the matrimonial bond has been extinguished for any reason, both man and woman are in a position to contract a new marriage. However, in order to establish the determination of paternity, a woman wishing to contract a new marriage before three hundred (300) days after the previous marriage has been extinguished shall be required to provide a certificate issued by a State medical facility certifying whether or not she is in a state of pregnancy. If the result shown in the certificate is positive, it shall constitute a presumption of paternity of the previous spouse, against which all evidence admitted in law may be presented. If the woman shall have given birth before the aforementioned three hundred (300) days, it shall not be necessary to present said certificate in order to contract a new marriage.

A man and woman who wish to contract a new marriage and have children under their parental authority or guardianship shall be required to submit a sworn declaration before the competent Judge that no property belonging to said children exists, or that such property does not exceed the value of One Thousand Lempiras (L1,000.00); or alternatively, a formal inventory and appraisal of the property that exists and that is being administered, when it exceeds that amount.

When no property is found to exist or when its value does not exceed One Thousand Lempiras (L1,000.00), the Judge shall hear at least two of the closest relatives of the minor to verify such facts. The Judge may resort to any other means of proof in case no relatives exist, and in all cases to establish the facts of the preceding paragraph, shall resort to any other means of proof, including the review of sworn declarations made for tax payment purposes.

In case of formal inventory and appraisal of property, the provisions of the Code of Civil Procedure shall apply.

The children of the persons referred to in this Chapter may, up to two (2) years after having reached the age of majority, demand damages from the persons who declared or testified to the non-existence of property or participated in the preparation of the inventory and appraisal of property, if it is proven that such declaration or appraisal was omitted or done incorrectly due to negligence or bad faith.

The contracting of second or subsequent marriages shall not be a cause for loss of parental authority or guardianship of children for those parents exercising such authority.

A minor who is not under parental authority shall be subject to guardianship for the care of his or her person and property. A person who has been declared to be in a state of interdiction shall also be subject to guardianship, although of age, if he or she has no parents. The guardian is the legal representative of the minor or incapacitated person.

Guardianship shall be exercised by a guardian and a co-guardian, whose positions are personal and delegable, but they may grant special powers of attorney for specific acts.

Guardianship and co-guardianship are public offices to the performance of which all persons who are in full enjoyment of their civil rights are obligated.

Guardianship may be testamentary, legitimate, or judicial.

Testamentary guardianship is instituted in any of the following cases:

• 1)

  By the surviving father or mother, for children (male or female) who are under their Parental Authority;

• 2)

  By the father to the child (male or female) who is in the maternal womb, in the event that the child is born alive and the mother dies without naming a guardian;

• 3)

  By the grandfather or grandmother, for grandchildren (male or female) who are not under their legitimate guardianship;

• 4)

  By any testator, for one whom they institute as heir or legatee; if such person lacks a guardian appointed by the father or mother and lacks a legitimate guardian; and,

• 5)

  By the adopter or adopters who designate as heir or legatee their adopted child (male or female).

Parents and grandparents, as applicable, may appoint a guardian for all or several of their children or for each one of them. They may also appoint several guardians and co-guardians to exercise the office one in effect of the other, respectively, in the order of their appointment.

Legitimate guardianship of minors corresponds in the following order:

• 1)

  To the paternal grandfather;

• 2)

  To the maternal grandfather;

• 3)

  To the paternal grandmother;

• 4)

  To the maternal grandmother; and,

• 5)

  To the siblings of the ward and to the aunts and uncles without distinction of sex, being preferred those who descend from both lines and among these the one of greater age and capacity. The maternal line shall be preferred to the paternal line for the guardianship of children born outside of marriage. However, by means of justified grounds to vary the source, the Judge may appoint as guardian the relative who meets the best conditions of knowledge and familiarity with the minor, solvency, suitability, and preparation, which constitutes a guarantee for the satisfactory performance of his office.

Judicial guardianship proceeds by appointment of the competent Judge when there is neither testamentary nor legitimate guardian. For that purpose, the Public Ministry and any capable person must report to the authority the fact that gives rise to the guardianship provided for. In the appointment of the person of the guardian, the Judge must take into account the circumstances mentioned in the preceding Article.

Guardianship of adults of age, declared under interdiction, corresponds to:

• 1)

  The spouse;

• 2)

  The father and mother;

• 3)

  Adult children; and,

• 4)

  The grandparents.

If, while a legitimate or judicial guardian is in exercise, the testamentary guardian appears, guardianship shall immediately be transferred to the latter.

Minors who have attained the age of sixteen (16) years must be associated by the guardian in the administration of property for their information and knowledge, and if they lack a testamentary guardian, they shall have the right to propose a candidate among their relatives called to legitimate guardianship, or failing these, persons of recognized respectability to exercise judicial guardianship.

The co-guardian shall intervene in the functions of guardianship to ensure its correct exercise. The appointment of the co-guardian shall be made in the same manner as that of the guardian. It may fall upon relatives of the ward or other persons, provided they meet the conditions of notorious honesty and roots in the community.

The co-guardian is obligated to:

• 1)

  Intervene in the inventory and appraisal of the minor's property and in the qualification and granting of the guarantee that the guardian must provide;

• 2)

  Defend the rights of the minor in court and out of court, whenever they are in opposition to the interests of the guardian;

• 3)

  Promote the appointment of a guardian when the removal of the one exercising it is warranted, or when guardianship becomes vacant or abandoned;

• 4)

  Intervene in the accounting of the guardian; and,

• 5)

  Exercise the other powers granted by Law.

When there is a conflict of interests between several wards subject to the same guardianship, the Judge shall appoint specific guardians for them.

While a guardian and co-guardian have not been appointed and their offices have not been formally conferred, the Judge, ex officio or at the request of the Public Ministry, must issue the necessary measures for the care of the person of the minor or incapacitated person and the security of their property.

The directors or heads of social assistance institutions that receive minors or incapacitated persons are guardians and legal representatives of the same, from the moment of their admission, and their office does not require formal conferment.

Public assistance institutes may entrust a minor admitted to their care, who lacks parents, ascendants, and siblings, to persons of notorious morality who have the economic means to provide the minor with food, instruction, and education. The management of the establishment must be frequently informed of the conditions in which the minor's life is being conducted and, in case of abandonment or change of circumstances, shall retrieve and readmit the minor.

The powers of guardians with respect to property that a minor or incapacitated person may have outside the Republic shall be exercised in accordance with the law of the country in which said property is located.

The provisions relating to guardians shall apply to persons who administer property of minors or incapacitated persons in determined cases. CHAPTER II OF DISQUALIFICATION AND EXCUSES FROM GUARDIANSHIP

Cannot be a guardian or alternate guardian:

• 1)

  A minor and an incapacitated person;

• 2)

  Whoever has been convicted of theft, larceny, fraud, falsity, and crimes against the liberty and physical, psychological, and sexual integrity of persons, domestic violence, intrafamilial violence, mistreatment through transgression, economic exploitation, commercial sexual exploitation, illegal adoption, or other common crimes that merit a penalty greater than two (2) years;

• 3)

  Whoever has been removed from another guardianship, or has not rendered accounts of their administration, or if they have rendered them, they have not been approved;

• 4)

  Habitual drunkards, those who habitually consume drugs, psychotropic substances, or narcotics; those addicted to prohibited gambling, vagrants, and those of notorious bad conduct;

• 5)

  Bankrupts or those in receivership, until they have obtained their rehabilitation;

• 6)

  Whoever has a pending lawsuit of their own or as legal representative of a third person or of their ascendants, descendants, or spouse, with the child or incapacitated person;

• 7)

  Whoever has lost the exercise of parental authority or the administration of their children's property;

• 8)

  A creditor or debtor of the child for an appreciable amount in relation to the child's property, at the discretion of the Judge, unless appointed by will with knowledge of the facts;

• 9)

  Whoever does not have domicile in the Republic;

• 10)

  A blind person;

• 11)

  One who suffers from an incurable or contagious disease;

• 12)

  The stepfather or stepmother of their stepchild; and,

• 13)

  Those who cannot read or write.

Guardians or alternate guardians upon whom any of the incapacities mentioned in the preceding Article befall shall be separated from their position by judicial resolution, following denunciation made by the Public Ministry or a relative of the ward and proof of the facts.

Shall also be removed from guardianship and alternate guardianship:

• 1)

  Those who demonstrate negligence, ineptitude, or infidelity in the performance of their duties;

• 2)

  Those who incite the ward to corruption or crime;

• 3)

  Those who employ mistreatment with the minor;

• 4)

  Those who knowingly have committed inaccuracy in the inventory, omitting property or active or passive credits; and,

• 5)

  Those who absent themselves for more than six (6) months from the place where they exercise guardianship and alternate guardianship.

May be excused from guardianship and alternate guardianship:

• 1)

  Those who have another guardianship or alternate guardianship in their charge;

• 2)

  Those older than sixty (60) years;

• 3)

  Those who have under their parental authority three (3) or more children;

• 4)

  Those whose limited resources do not allow them to attend to the position without detriment to their subsistence;

• 5)

  Those who suffer from an illness that prevents them from fulfilling the duties of their position; and,

• 6)

  Those who must be absent from the Republic for more than one (1) year.

Those who are not relatives of the minor or incapacitated person shall not be obligated to accept guardianship or alternate guardianship if there are persons called by Law who do not have excuses or impediments to exercise those positions. CHAPTER III ON THE EXERCISE OF GUARDIANSHIP

The guardian and alternate guardian shall not enter to exercise their positions unless they have been formally granted authority by the Judge. No guardianship can be formally granted without all the requirements for its exercise required by Law having been fulfilled; except in the case of

of this Code.

The guardian shall proceed to inventory and appraise the property of the minor or incapacitated person within thirty (30) days following acceptance of the position, a period that may be restricted or extended prudentially by the Judge, according to the circumstances. In no case, nor even by disposition of the testator, shall the guardian be exempted from this obligation.

Once the inventory has been conducted, the guardian and alternate guardian are jointly and severally obligated to promote the constitution of the guarantee, except that there are no property, or that in the case of testamentary guardian they have been relieved of this obligation by the testator, with respect to the property that is the object of the inheritance, donation, or bequest.

When after the formal granting of guardianship authority, a cause arises or is discovered that makes bond obligatory, the guardian, the alternate guardian, or the Public Ministry shall notify the Judge, for the purpose of the constitution of the guarantee.

The guarantee shall secure:

• 1)

  The amount of movable property that the guardian receives;

• 2)

  The average income of the property in the three (3) years preceding the guardianship; and,

• 3)

  The profits that during one (1) year the ward may receive from any business.

The guarantee shall be increased or decreased, according as the value of the said property or the value of the assets in which it is constituted increases or decreases.

The guarantee shall consist of a mortgage, pledge, or bond granted by some banking institution or legally authorized for such purpose. Personal guarantee and even sworn bond may be admitted by the Judge when, in his judgment, they are sufficient taking into account the value of the assets to be administered by the guardian and the solvency and good reputation thereof.

The pledge guarantee that the guardian provides shall be constituted by depositing the effects or securities in a credit institution authorized to receive deposits and, in the absence thereof, in a person of notorious standing.

The Judge shall set, at the request and proposal of the guardian, the maintenance allowance, in accordance with the inventory and the circumstances of the ward, without prejudice to altering it, according to the increase or decrease of the estate and other reasons that the court shall appreciate.

The guardian, within the first month of assuming office, shall submit to the Judge's approval a budget of administration expenses for the year. For extraordinary expenses outside the budget that exceed Five Hundred Lempiras (L.500.00), the guardian shall need judicial authorization.

Jewelry, precious movables, public securities, bonds, shares and securities, which in the Judge's opinion should not be in the guardian's possession, shall be deposited in an establishment authorized by Law to receive deposits.

The guardian shall direct the minor toward the career, trade or profession that the latter chooses, according to his circumstances. If the minor had already initiated any of these activities during parental authority, the guardian cannot change it without the Judge's authorization, for which purpose the aptitudes and circumstances of the minor shall be taken into account.

The ward owes respect and obedience to the guardian. The latter has with respect to the former the faculties of parents, with the limitations that the Law establishes.

The guardian needs judicial authorization for:

• 1)

  To sell or encumber immovable property or real rights of the minor or incapacitated person; to lease the former for more than three (3) years, or with advance rent for more than one (1) year; to make or recognize improvements that are not necessary to establish passive easements, and in general, to enter into other types of contracts that affect the ward's estate, provided that they exceed Five Hundred Lempiras (L.500.00). The contracts referred to in this subsection cannot be extended;

• 2)

  To borrow money, being subject to the conditions and guarantees agreed upon by the Judge;

• 3)

  To repudiate inheritances, legacies and donations;

• 4)

  To settle or submit to arbitration the matters in which the ward has an interest;

• 5)

  To collect payment of credits that he may have against the minor or incapacitated person; and,

• 6)

  To determine the form, conditions and guarantees in which the ward's money shall be invested.

The sale of commercial or industrial securities, income securities, shares, bonds, fruits and livestock may be made extrajudicially, but never at a lower price than the price quoted in the market on the day of sale, which the guardian shall verify when rendering his accounts.

The guardian is liable for the legal interest on the ward's capital when, through his omission or negligence, it remains unproductive or without employment.

The guardian cannot, without judicial authorization, liquidate the enterprise that forms part of the minor's estate or alter the business or industry to which the minor or his predecessors were dedicated.

The following acts are prohibited to the guardian:

• 1)

  To contract for himself or through an intermediary with the minor or incapacitated person, or to accept credits, rights or actions against him, unless they result from legal subrogation;

• 2)

  To dispose gratuitously of the property of the minor or incapacitated person;

• 3)

  To accept donations from the former ward, unless the accounts of his administration are approved and settled, except when the guardian is an ascendant, spouse or donating sibling;

• 4)

  To make voluntary remission of rights of the minor or incapacitated person; and,

• 5)

  To accept the institution of beneficiary in insurance in his favor, arising from his ward.

Neither may the relatives of the guardian contract concerning the property of the minor or incapacitated person, for themselves or through an intermediary, except that these be co-heirs or co-participants of the ward.

The guardian cannot acknowledge children of the ward, except with the latter's express consent, and in no case those of the incapacitated person, nor consent expressly or tacitly to resolutions unfavorable to the ward.

During the exercise of guardianship, the alternate guardian is obliged to defend the rights of the minor in court and outside of it, when they are in opposition to the interests of the guardian, and to promote the appointment, when the removal of the one exercising it is appropriate, or when the guardianship becomes vacant or abandoned.

Guardianship and co-guardianship confer the right to receive compensation that shall be paid annually and shall not be less than five (5%) percent nor exceed fifteen (15%) percent annually of the net income and products of the ward's property. When the compensation has not been fixed in the will or when, without negligence on the part of the guardian, there are no net income or products, the Judge shall fix it taking into account the importance of the ward's estate and the work occasioned by the exercise of guardianship. The compensation shall be distributed between the guardian and the co-guardian, with the former receiving seventy-five (75%) percent and the latter receiving the remaining twenty-five (25%) percent.

When the guardian and the co-guardian have been removed due to their fault, they shall have no right to receive any compensation.

The guardian is obliged to keep accurate and documented accounts of all operations of his administration. At the end of his term, he shall present a report that summarizes the acts carried out. CHAPTER IV RENDERING OF ACCOUNTS OF GUARDIANSHIP

The guardian shall render accounts annually and upon conclusion of the guardianship or upon ceasing to hold office.

The annual rendering of accounts shall be made before the Judge with the intervention of the co-guardian and the Public Ministry.

The final rendering of accounts shall be made by the guardian or his heirs to the former ward or to whomever represents him, within sixty (60) days counted from the date the exercise of guardianship ended.

The guardian who substitutes another is obliged to require the delivery of property and the rendering of accounts from the one who preceded him. If he fails to do so, he is liable for damages that result to the ward from his omission.

The accounts must be accompanied by their supporting documents. Only those expenses for which it is not customary to obtain a receipt may be excused from verification.

The costs of rendering accounts shall be charged to the minor or incapacitated person.

The guardian, upon conclusion of the guardianship, is obliged to deliver under inventory to the person who was his ward all property and documents belonging to him. This obligation is not suspended by pending rendering of accounts.

The balance of accounts that results in favor of or against the guardian shall produce legal interest. In the first case, from the date the ward is required to make payment, prior to delivery of the property; in the second case, from the rendering of accounts, if they have been rendered within the legal term, and otherwise, from the expiration of that term.

The actions and obligations that reciprocally correspond to the guardian and the former ward, by reason of the exercise of guardianship, shall be extinguished five (5) years after its conclusion.

Guardianship ends:

• 1)

  Upon the ward reaching the age of majority;

• 2)

  Upon marriage of the ward who has reached eighteen (18) years of age; and 3) Upon the death of the ward. CHAPTER V CURATORSHIP

A person declared incapacitated of civil rights by virtue of a sentence pronounced in a criminal case shall be appointed a curator. This curatorship shall last as long as the interdiction lasts and shall be limited to the administration of property and to representation in court of the convicted person.

The appointment of a curator for the administration of property and business of a person shall be warranted when, due to absence, he is unable to assert his rights by himself or by means of a legally constituted representative and his whereabouts are unknown.

The appointment may be sought in the cases referred to in this Chapter by the persons designated in Article 270, the representative of the Public Ministry, and the creditors of the absent person, to answer their claims.

The provisions established for guardianship shall also be observed with respect to curatorship insofar as it is applicable and is not contrary to what is determined in this Chapter. TITLE IX OF KINSHIP SINGLE CHAPTER

The Law recognizes kinship of consanguinity within the fourth degree, affinity within the second degree, and civil kinship, which arises from adoption, and exists only between the adopter and the adopted.

Kinship of consanguinity is the relation or connection that exists between persons who descend from the same stock or root, or who are united by bonds of blood.

Kinship of affinity is the bond that unites spouses with their respective consanguineous relatives. In the line and in the degree in which a person is a relative by consanguinity with one of the spouses, in the same line and in the same degree that person is a relative by affinity with the other spouse.

Kinship is measured by the number of generations; each generation constitutes one degree.

The series of generations or degrees proceeding from a common ancestor forms a line.

The line is direct when persons descend from one another, and collateral or transversal when persons descend from a common ancestor but do not descend from one another.

When in the direct line, counting is made downward from the stock to other relatives, it is called descending; and when counting is made upward from one of the relatives to the stock it is called ascending. In the direct line, whether descending or ascending, there are as many degrees as generations, that is, as many persons, not including the common stock.

In the collateral line the degrees are counted equally by generations, counting upward from the person whose kinship is required to be proven, up to the common ancestor and down from the latter to the other relative.

In cases in which the Law provides that the relatives of a person shall be heard, that designation shall be understood to include their spouse or de facto union partner in a duly recognized common-law union and their consanguineous relatives of either sex of legal age. In the absence of consanguineous relatives in sufficient number, their relatives by affinity shall be heard. Descendants and ascendants shall be preferred over collaterals, and among the latter, those of the closest kinship. The relatives shall be cited and shall appear to be heard verbally, in the manner prescribed by the Code of Civil Procedure. TITLE X SINGLE CHAPTER OF FINAL AND TRANSITORY PROVISIONS

This Code shall be applied to acts originating from the date of its entry into force, as well as to future effects of acts originating under the authority of previous laws. The birth of legal acts that occurred during the validity of previous laws shall be governed by said laws.

The common-law union that is formalized based on a union initiated prior to the entry into force of this Code shall produce its effects only in relation to the civil status of the cohabitants and their children.

While the family courts prescribed in the

of this Code are established, the Civil Courts shall have jurisdiction over matters relating thereto.

In the rules relating to intestate succession and the distribution of the inheritance referred to in Chapters I and II, Title II, Book III of the Civil Code, the distinctions between legitimate and natural children are abolished.

All provisions contained in the laws, decree-laws, and decrees that conflict with this Code are hereby repealed.

This Code shall enter into force one year after its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, Central District, in the Chamber of Sessions in the National Congress on the 11th day of the month of May of nineteen hundred and eighty-four. JOSE EFRAIN BU GIRON PRESIDENT MARIO ENRIQUE PRIETO ALVARADO Secretary JUAN PABLO URRUTIA RAUDALES Secretary To the Executive Branch

Therefore: Let it be executed. Tegucigalpa, D.C., May 31, 1984 ROBERTO SUAZO CORDOVA President The Secretary of State in the Departments of Governance and Justice ATTORNEY OSCAR MEJIA ARELLANO