Special Adoption Law of Honduras

PURPOSE OF THE LAW. The purpose of this Law is to establish the special legal and institutional framework regarding adoptions; its provisions are of public order and indefinite duration.

PURPOSE OF ADOPTION. The purpose of Adoption is to incorporate a person into a family different from their family of origin; in the case of girls and boys under eighteen (18) years of age, the State must define their situation with the special purpose of guaranteeing them, when they are in a state of adoptability, their right to develop in an appropriate family environment.

OBJECTIVES OF THE LAW. The objectives of this Law are:

• 1)

  To guarantee the right of every person to be adopted;

• 2)

  To guarantee every girl or boy in a state of adoptability the right to an appropriate family environment, as well as the full enjoyment of the rights enshrined in the Constitution of the Republic, international regulations and other applicable legislation;

• 3)

  To establish the legal framework that regulates adoptions in Honduras, guaranteeing protection to girls and boys against Trafficking in Persons in all its manifestations and other abuses that may occur within the framework of adoptions;

• 4)

  To establish the subjective principles and processes on the basis of which adoptions in Honduras must be developed; and,

• 5)

  To establish the necessary institutional framework for the adoption process in its different stages and phases.

PRINCIPLES. The principles of this Law are:

• 1)

  Access to Justice;

• 2)

  Expedience;

• 3)

  Confidentiality;

• 4)

  Technical Criterion;

• 5)

  Due Process;

• 6)

  Right to life, survival and development;

• 7)

  Specialization;

• 8)

  Gratuity;

• 9)

  Comprehensiveness;

• 10)

  Best Interest of the Child;

• 11)

  Legality;

• 12)

  Non-discrimination;

• 13)

  Opinion;

• 14)

  Pro homine Principle;

• 15)

  Security;

• 16)

  Subsidiarity; and, 17) Transparency.

DEFINITIONS. For the purposes of adoption law in Honduras, the following terms shall be understood as: Access to Justice: It is a fundamental right that must be guaranteed in a democratic, participatory and egalitarian society; it is the right that all persons have to use all legal tools and mechanisms so that the Law recognizes and protects their other rights. Child Adoption: It is a protection measure under State supervision whose purpose is to guarantee the right of the girl or boy in a state of adoptability to grow and develop in a family. Intrafamilial Adoption: It is the adoption of a girl or boy carried out by a single adoptive parent or extended family of the adopted child. Single-Parent Adoption: It is the Adoption by a single adoptive parent, within the framework of the Law. Non-Child Adoption: Adoption of a person eighteen (18) years of age or older. Predetermined Adoption: It is that adoption in which the assignment in adoption of a girl or boy is predetermined, anticipated or favored with direct or indirect acts, preparatory or definitive, which is not permitted in Honduras. Priority Adoption: It is that adoption of girls or boys who, due to special aspects related to specific medical, physical or mental conditions duly accredited, belonging to sibling or kinship groups or ethnic origin, places them in conditions of prevalence of adoption for the State of Honduras, in function of their best interest. Adoption: It is the legal and psychosocial act of entry of a person into a family different from their family of origin, in the capacity of son or daughter. Adoptability: It is the eligible condition in which a girl or boy finds themselves to be adopted. Adopted: Person who has successfully completed their adoption process. Adoptive Parent: It is the applicant who, having been deemed suitable to adopt, has successfully completed their adoption process. Absence of Parental Care: It is the condition in which a girl or boy finds themselves, who lacks a protective family environment. National Authority: It is the public institution responsible for the topic of childhood on behalf of the State of Honduras. Direct Consent: It is that consent for adoption that is given to a determined person or family, only permitted in intrafamilial and priority adoptions. Declaration of Suitability: It is the act by which the National Authority determines or confirms the suitability of applicants for national and international adoptions and a prerequisite step for their registration in the Registry of Adoption Applicants. Right to life, survival and development: It is the right that every girl and boy have so that in all measures related to adoptions all their rights are guaranteed, especially the protection of their life, family and community environment and those related to conditions that guarantee their integral development. Technical Study: It is the condition of scientific requirement that must characterize the elements and tools of substantiation that support the taking of measures related to the adoption process, which must be grounded in interdisciplinary technical studies, at least of a legal, psychological, social and medical nature, without prejudice to others that the competent authority may legitimately require. Foundling: Girl or boy newborn abandoned or absent of parental care, in hospital centers or public places, whose circumstances make it impossible to conduct social investigation to locate their family. Extended Family: It is the family of origin by consanguinity. Suitability: It is the condition of eligibility to be an applicant for national and international adoptions, accredited by interdisciplinary technical studies and declared by the National Authority. Comprehensiveness: It is the principle that indicates that no adoption can be subjected to any condition, term, manner or burden. Any provision to the contrary is null and void and shall be deemed not written. Best Interest of the Child: In all measures taken by public or private institutions, courts, administrative authorities or legislative bodies, in the field of adoptions, the primary consideration to which attention must be paid is that of the best interest of the child. Non-discrimination: It is the principle by which in the adoption process, no distinction or exclusion should be made to any person or treatment as an inferior being or deprived of rights, because of certain physical characteristics, their ideas, their religion, their culture, their sex, their economic position, or other apparent reasons, this without prejudice to positive actions based on a rights approach, intended to correct inequities. Opinion: It is the right that every girl or boy has to express their criteria or opinion on measures related to their adoption process, which must be duly taken into account based on their age and degree of maturity, in accordance with what psychosocial studies suggest. Accredited Organizations: They are foreign institutions duly accredited and in force before the respective National Authority for cases of international adoptions, except for the exception established in Article 15 of this Law. Prevalence of Adoption: Without prejudice to equality, those applicants who meet coincidence with the girls or boys to be adopted have preference to adopt, of ethnic origin; national adoptive parents over foreigners; the Honduran applicant married to a foreign applicant over the designation of a foreign applicant; and, the foreign applicant who resides in Honduras over the designation of a foreign applicant who resides outside the country. Pro homine Principle: It is the principle that indicates that in the adoption process in general, the human person must be considered as its supreme reason or purpose. General Registry of Adoptions: It is a tool for ordered and updated registration of vital facts of adoptive parents and girls and boys adopted, as well as of the central authorities of different countries and adoption agencies accredited in the country that facilitates the completion of the adoption process and its respective follow-up. Security: In all adoption procedures it must be safeguarded that illegal or criminal practices such as Trafficking and sexual exploitation, commercial exploitation do not occur, in attention to the security that the State is obliged to provide to persons who submit to its terms, particularly children. Post-Adoption Follow-up: It is the mandatory follow-up that the Honduran National Authority must provide, by itself or through mechanisms of national and international cooperation; which obliges the Adoptive Parents and Adoption Agencies when applicable, this with the purpose of verifying the adequate insertion of the girl or boy with their adoptive family and their comprehensive protection. Subsidiarity: It is the principle by which every girl or boy must be raised by their family of origin or their extended family; if this is not possible or contrary to their best interest, national and international adoption proceeds in order of prevalence. Alternative Care Modality: It is the protection mechanism for a girl or boy who lacks parental care, which may be familial or through a Residential Alternative Care Institution (IRCA), which must be duly certified and supervised for this purpose by the public institution responsible for the topic of childhood.

ADOPTABILITY. The condition of adoptability places a minor person in eligibility to be adopted. It may arise from the declaration of the condition of Absence of Parental Care or from the consent granted by whoever holds their legal representation. Every girl or boy in a position or availability for adoption must be incorporated in the Registry of Girls and Boys in a State of Adoptability, with the confidentiality required in this registry. In the case of adult persons declared judicially incapable, they must proceed in accordance with the provisions of Articles 321 and 322 of the Family Code, as well as with what is established in Article 636 of the Civil Procedure Code.

RIGHTS OF THE PERSON IN A STATE OF ADOPTABILITY. The rights of every person in a state of adoptability are:

• 1)

  To be adopted;

• 2)

  To know their life history, in accordance with their age, degree of maturity and with adequate psychosocial accompaniment;

• 3)

  To preserve their nationality and the rights inherent to it;

• 4)

  To be informed, to express an opinion and to participate in the entire adoption procedure, according to their age, degree of maturity and, with adequate psychosocial accompaniment; and,

• 5)

  In the case of girls and boys, to receive the corresponding protection measures. The rights and guarantees granted by this Law do not exclude others that, even though they do not appear expressly herein, are derived from the principles hereof and from human dignity itself.

ADOPTABILITY OF GIRLS AND BOYS. Only persons under eighteen (18) years of age may be adopted if they are in any of the following cases: 1) That they are of unknown parents or are foundlings; and, 2) That for any reason they are in a state of Absence of Parental Care, duly declared. However, persons who, despite not being in Absence of Parental Care, find themselves in special conditions that affect their best interest, which justify this need in a qualified manner and based on corresponding interdisciplinary studies, may be adopted.

DECLARATION OF ADOPTABILITY. The declaration of Adoptability is the competence of the Directorate of Childhood, Adolescence and Family (DINAF), in accordance with the applicable provisions of the Code of Childhood and Adolescence, by means of the administrative procedure regulated by such normative. Persons of legal age do not require a declaration of adoptability; in the case of adult persons declared judicially incapable, they must comply with what is established in Article 6 of this Law. In the case of young adults, from eighteen (18) to twenty-one (21) years of age, they must comply with what is established for this purpose in the Civil Code in Article 266, which specifically refers to what emancipation is. The National Authority must incorporate in the Registry of Girls and Boys in a State of Adoptability, every girl or boy declared in such condition.

ADMINISTRATIVE MANIFESTATION OF WILL TO GRANT CONSENT. Prior to the granting of Consent in judicial proceedings, whoever wishes to grant it must appear before the National Authority, accrediting that they possess the aptitude to do so, to manifest their will to do so, so that, based on an interdisciplinary intervention, they may be informed of the social, psychological and legal consequences of adoption. If they persist in their decision, a record must be drawn up that, in addition to evidence of legal aptitude to grant Consent, briefly relates what occurred, records the performance of the interdisciplinary intervention including relevant findings resulting from it, if any, as well as having made the respective warnings, of which a certification must be sent to the Family Court Judge so that without further processing they cite the respective Consent hearing. If necessary, the National Authority must take the urgent protection measures that are most appropriate for the girl or boy, framing them within the current mechanism of special protection and, if applicable, making the corresponding referral. Such measure may be reviewed at the request of the Judge who receives the respective Consent. If the National Authority finds relevant inconsistencies, it may recommend the performance of additional tests, including genetic marker testing. While the administrative manifestation of will for the granting of consent is not fulfilled, the Hearing in Judicial Proceedings for the granting of such figure does not proceed, nor may any adoption procedure be carried out.

CONSENT TO BE ADOPTED. Consent is the express manifestation of will of whoever has legal capacity to do so or, as the case may be, of the legal representative of a girl, boy or incapable person. The Family Court Judge is obliged to hear and take into account the opinion of those regarding whom consent is intended to be given, unless this is not viable by virtue of their age or lack of maturity, in which case they must record such qualification and their arguments in the record drawn up for such purpose. Of each consent granted before the Judge, a record must be drawn up in which what occurred is recorded, verifying the aptitude of the grantor, as well as the circumstance of having made the respective warnings of Law and opportunely issuing an order stating whether or not consent proceeds. For these purposes, the Family Court Judge or corresponding Court Judge is competent in whose jurisdiction the consent must be granted. Notwithstanding, when the best interest of the child so indicates, the Court Judge of another domicile may qualify to grant it. In accordance with what is established in Articles 665 and 666 of the Civil Procedure Code. In case of doubt about kinship, the Judge must order the respective scientific test. Only open consent may be granted. Notwithstanding, direct consent is permitted when it is a matter of intrafamilial and priority adoptions.

APTITUDE TO GRANT CONSENT. Whoever intends to grant consent must be in the full enjoyment of their civil rights and mental faculties. In the case of persons of legal age, they are fully empowered to grant the respective consent themselves, which they must render personally and directly. For whoever is subject to guardianship, consent must be granted by the person assuming their guardianship, while if they are a minor, it corresponds to whoever exercises parental authority. In both cases authorization from the competent Judge is required. For cases in which Parental Authority is exclusive to a single person, their consent shall be sufficient. The provision of this paragraph is not applicable when guardianship has arisen from the suspension of parental authority. If it is girls and boys declared in a state of abandonment, the representative of the institution responsible for childhood in Honduras must give it, with authorization from the competent Court.

PROHIBITIONS ON CONSENT. In all cases, it is prohibited to receive any payment or remuneration in reward for adoption by their legal representative or by intermediaries or third parties. Direct Consent or consent to a determined person for the adoption of girls and boys is prohibited. Except for the exception of intrafamilial and priority adoptions.

ADOPTION APPLICANTS. Every person who intends to adopt a girl or boy must request the National Authority their entry into the Registry of Adoption Applicants, having to comply with the legal requirements, in the form that the National Authority determines and provides for such purpose. For adoptions of persons of legal age, those who intend to adopt them are not required to be entered in the Registry of Adoption Applicants.

REQUIREMENTS TO BE AN ADOPTIVE PARENT. To be an Adoptive Parent the following is required:

• 1)

  To be older than twenty-five (25) and younger than sixty (60) years old. The adoptive parent must be at least fifteen (15) years older than the adopted child;

• 2)

  To have a marital bond with a minimum of three (3) years of cohabitation or maintain a de facto relationship duly legalized, without prejudice to the exceptions established in Article 19 of this Law;

• 3)

  To be in the enjoyment and exercise of their civil rights;

• 4)

  To have a current suitability certification;

• 5)

  A minimum of three (3) letters of good standing of the applicant or applicants issued by community, religious or governmental authorities from their place of residence;

• 6)

  Judicial certification showing the approval of administration accounts, if the applicant or applicants would have been guardians of the minor, minors or minors to be adopted, or even when the guardian is not the adoptive parent;

• 7)

  Two (2) recent full-face color photographs of the applicant or applicants and of the environment in which they live; and,

• 8)

  To have the capacity to educate, assist and feed the adopted person. In the case of numeral 1) of this Article, the age requirement is considered met when one of the spouses has reached the established minimum age; and, in relation to the age difference between adoptive parents and adopted children, when the Adoption is joint, the parameter to determine the age difference is in relation to the age of the younger spouse. In relation to numeral 2), what corresponds to de facto relationships duly legalized, the years of cohabitation recognized in accordance with the Judicial Judgment must be considered. In the case of national adoptions, the suitability certification is the responsibility of the National Authority and is carried out as part of the process prior to their registration in the Registry of Adoption Applicants. When it is a matter of applicants for national adoptions in Honduras, they must accredit the commitment that, when abandoning national territory, Post-Adoption Follow-up must be done under the guidelines established by the National Authority to be applied in the country where they will establish their new domicile.

SPECIAL REQUIREMENTS FOR INTERNATIONAL ADOPTION APPLICANTS. In addition to the requirements established in Article 15 of this Law, the following are special requirements applicable to International Adoption applicants:

• 1)

  That the accredited agency representing him or her is recognized by the competent Authority of the corresponding foreign State, with at least five (5) years of continuous operation with current authorization before the National Authority of the State of Honduras;

• 2)

  Copy of the passport of each of the applicant persons;

• 3)

  Official approval from his or her country to adopt one (1) or more children abroad or, certification from the migration authority of the country of residence of the applicant(s), where approval is documented to be able to adopt outside his or her country of origin or residence;

• 4)

  Certification issued by the Honduran Consul or Consuls of the domicile of the applicant(s) that certifies that they meet the adoption requirements according to the law of their country of origin or residence or that the Adoption Social Services Agency is officially recognized; and,

• 5)

  Original certificates of police and criminal records from the respective domicile of the applicant(s). In the case of numeral 1), the commitment of the foreign Central Authority or whoever performs its functions, from the country of their habitual residence, that will exercise control and supervision regarding the fulfillment of legal obligations derived from the adoption.

APPLICATION FOR REGISTRATION. The application for registration in the Registry of Adoption Applicants must be submitted in the form provided for this purpose by the National Authority, which must be accessible and simple to fill out for any person who wishes to opt for an adoption in the country. It must be submitted to the General Secretariat and forwarded for its registration and processing to the programmatic unit determined by the superior hierarchical authority of the National Authority, together with the corresponding accreditations.

ACCREDITATIONS. Without prejudice to other technical requirements, the application referred to in the preceding Article must be accompanied by:

• 1)

  Copy of the Identity Card of the applicant or, in the case of a resident card;

• 2)

  Original certification of marriage or of a consensual union duly legalized, if applicable;

• 3)

  Original medical certificates showing the physical and mental health, as well as the corresponding laboratory examinations of the applicant(s) and of his or her children if any;

• 4)

  Original certificates of police and criminal records from the respective domicile of the applicant(s);

• 5)

  Original proof of employment, with indication of the position, salary and seniority;

• 6)

  Legalized copy of real property titles or rental contracts if tenants;

• 7)

  A minimum of three (3) current letters of good standing of the applicant(s) issued by community, religious or governmental authorities from their place of residence;

• 8)

  Two (2) recent color photographs, face-on and passport-sized of the applicant person(s), as well as of the environment in which they live;

• 9)

  Letter of commitment for Post-Adoption follow-ups for the term required by Law; and, 10) Duly authenticated sworn statement of not being included in legal prohibitions. Additionally, persons applying for international adoption must submit the following documents:

  • 1)

    Accreditation from the Central Authority of Adoptions or the accredited agency with which they act, in compliance with the requirements of Law;

  • 2)

    Socioeconomic, physical and psychological study conducted by the accredited agency closest to the domicile of the adoptive persons, certifying their suitability;

  • 3)

    Copy of the passport of each of the applicant persons and, in the case of residing outside their country of origin, their Resident Card;

  • 4)

    Official approval from their country to adopt one (1) or more children abroad or certification from the migration authority of the country of residence of the applicant(s), where approval is documented to be able to adopt outside their country of origin; and,

  • 5)

    Original certification issued by the Honduran Consul or honorary consuls of Honduras accredited in those countries, from the domicile of the applicant(s) that certifies that they meet the adoption requirements according to the Law of their country of origin or residence or that the Accredited Adoption Agency is officially recognized. Likewise, if one of the applicants is a foreigner, he or she must attach a copy of his or her passport. The photocopies listed in this Article must be presented duly authenticated and apostilled if applicable, in accordance with the corresponding legal regulation.

WAIVER OF REQUIREMENTS FOR ADOPTION. In application of the Principle of the Best Interest of the Child, it is allowed in duly qualified cases, both to the National Authority and to the judicial body, to waive the following requirements: 1) In the case of numeral 1) of Article 15 of this Law, regarding the minimum and maximum age, provided that at least five (5) years of cohabitation is proven conclusively; and, 2) In the case of numeral 2) of Article 15 of this Law, authorizing a Single-Parent Adoption. In both cases, the National Authority or the Judge must state the reasons that support his or her decision, after technical study in both proceedings and the informed opinion of the Public Ministry (MP) and the National Authority in judicial proceedings.

SUITABILITY. Every person applying for adoption must comply with the condition of suitability, which is accredited by means of:

• 1)

  Interdisciplinary technical studies, as determined by the National Authority;

• 2)

  The training and preparation of the applicant persons, as determined by the National Authority; and, 3) The documentation that proves compliance with the requirements established by Law. Suitability is certified by: 1) The National Authority, for National Adoptions; and, 2) The Foreign Central Authority or Accredited Agency in accordance with the Law of the respective country. The interdisciplinary technical studies or their updates that accredit suitability have a duration of three (3) years. The National Authority must register every applicant declared suitable in the Registry of Adoption Applicants.

TYPES OF ADOPTIVE PARENTS. Adoptive parents may be national or international, as follows: 1) National Adoptive Parents are: a) Honduran persons resident in the country; and, b) Foreign persons resident in Honduras who have a habitual residence of not less than five (5) years. 2) International Adoptive Parents are:

• a)

  Foreign persons not resident in Honduras;

• b)

  Foreign persons resident in Honduras who do not comply with the requirement established in numeral 1) literal b) of this Article; and,

• c)

  Honduran persons with habitual residence abroad. In the case of priority adoptions, the requirement established in numeral 1), literal b), the term must be not less than three (3) years.

PROHIBITIONS FOR ADOPTION. The following cannot adopt:

• 1)

  Neither spouse if there is no mutual consent;

• 2)

  Guardians of persons who are subject to their guardianship;

• 3)

  Persons who have exercised guardianship over wards or incapable persons, as long as the administration accounts have not been definitively approved by the competent judicial authority; and,

• 4)

  Persons who have been deprived or suspended of the exercise of parental authority. No one can be adopted simultaneously by more than one person, except in the case of adoption by spouses or household partners in a duly legalized consensual union. It is prohibited to place children or adult persons for adoption with marriages or consensual unions formed by persons of the same sex.

REGISTRY OF ADOPTION APPLICANTS. The Registry of Adoption Applicants is a tool of the adoption process in administrative proceedings that allows for an ordered list of adoption applicants in the country. This Registry is comprised of both national and foreign families and is part of the General Registry of Adoptions. It is the responsibility of the National Authority to create, register, update and maintain the Registry of Adoption Applicants. Every person applicant declared suitable must be registered in the aforementioned registry and their data are protected by the principle of confidentiality. CHAPTER IV ADOPTION PROCESS SECTION I GENERAL PROVISIONS

ADOPTION PROCESS FOR ADULT PERSONS. The adoption process for adult persons may be conducted through appearance in a public deed authorized before a notary or through appearance before the Family Court Judge. In the case of the public deed, it must be homologated by the respective judicial body through the intervention of a Judge.

PURPOSE OF THE ADOPTION PROCESS FOR CHILDREN. The Adoption Process for Children has the purpose of determining the legal and psychosocial appropriateness of the adoption of a child, which involves the administrative stage and the judicial stage. The first has the purpose that the National Authority conduct interdisciplinary studies, the preparation of the applicant persons, as well as complementary proceedings. The second has the purpose that the Family Court Judge verifies compliance with legal and technical requirements, dissolving the pre-existing kinship relationship if it exists and creating the new kinship relationship between the adoptive parents and adoptee(s), as well as ordering their registration or modifying it in the respective civil registry. The respective procedure both in administrative and judicial proceedings must comply with the provisions of this Chapter.

PRINCIPLES OF ADOPTION PROCESSES. The procedural principles in adoption are:

• 1)

  Expedience: Measures relating to adoptions must be carried out with due expedience. Without prejudice to strictly necessary requirements, procedural impulse corresponds to the National Authority;

• 2)

  Confidentiality: The proceedings related to the adoption process of children must maintain proper confidentiality regarding their biological family and others as determined by the respective interdisciplinary technical studies, based on their best interest;

• 3)

  Due Process: In all proceedings related to adoptions, respect for due process must be guaranteed;

• 4)

  Gratuity and Privacy of Proceedings: The procedures related to adoption must not generate excessive charges or expenses, and efforts must be made to make them accessible to applicant persons;

• 5)

  Legality: The proceedings related to adoptions must be founded on Law; and,

• 6)

  Transparency: Without prejudice to the confidentiality related to the adoption of children, the general procedures and proceedings must be carried out with proper transparency. The proceedings must be free from duplicate actions and concentrated on those strictly necessary.

STAGES OF THE ADOPTION PROCESS. The adoption process has two (2) stages: 1) Administrative Stage; and, 2) Judicial Stage. SECTION II ADMINISTRATIVE STAGE

ADMINISTRATIVE STAGE. The Administrative Stage has the purpose of interdisciplinarily evaluating the characteristics of children in adoptability status in order to find in the Registry of Adoption Applicants the best alternative of a suitable family for their adoption, which must be developed by the National Authority.

PHASES OF THE ADMINISTRATIVE STAGE. The Administrative Stage of the Adoption Process has two (2) Phases: 1) Technical Assessment; and, 2) Assignment.

TECHNICAL ASSESSMENT PHASE. Every child declared in adoptability status must have undergone a prior interdisciplinary evaluation or, if necessary, have it conducted, by means of interdisciplinary technical studies on their psychosocial and medical situation that gives rise to adoption. The National Authority must consider the studies that have been conducted on the child and if necessary must update them or order the conduct of new technical studies. In the same way, in the case of international adoptive parents, must consider the studies they have presented with the respective application; if necessary, must update them or order the conduct of new technical studies. Based on the interdisciplinary studies, must identify from the Registry of Adoption Applicants, the best alternatives for the child, proposing them competitively to the Assignment Committee, which through the pertinent tests and analysis of a family, in accordance with the needs or individual and social characteristics of the child. Nevertheless, when it is Priority Adoptions or Intrafamily adoptions, direct or non-competitive proposals may be made, with proper justification.

ASSIGNMENT PHASE. It consists of the decision of the Assignment Committee regarding the proposal referred to in the preceding Article, which must be carried out in the sessions programmed for such purpose, in which the interdisciplinary teams must present a summary thereof and make available to the members of the Assignment Committee all the necessary documentation for their effective decision-making, as well as the corresponding explanations and clarifications. This Phase comprises, furthermore: acceptance of the assignment, interview of the technical team and applicants in the case of international adoptions and, the Period of Cohabitation.

ASSIGNMENT COMMITTEE. The Assignment Committee is a transparency mechanism for the assignment of children in a state of adoptability, which is composed in the following manner:

• 1)

  Three (3) officials representing the National Authority, appointed by the highest authority thereof;

• 2)

  The head or titular of the programmatic unit responsible for adoptions of the National Authority;

• 3)

  A representative of the Bar Association of Honduras;

• 4)

  A representative of the Association of Psychologists of Honduras;

• 5)

  A representative of the Association of Social Workers; and,

• 6)

  A representative of the Medical Association of Honduras. In case it is deemed necessary, the committee may request the participation of any other specialist who contributes to defining with greater clarity the assignment of each child. The Committee must meet ordinarily at least once (1) per month, in accordance with the convocation issued by the National Authority through its highest authority, in which the specialized interdisciplinary technical teams of the National Authority must participate for the respective enlightenment, and they must be accompanied by the respective files so that the members of the Committee can have access to their contents and generate the necessary levels of consultation to have, in greater detail, all the constitutive elements of each adoption process; especially the protective measures applied to girls and boys during the development of the different administrative and judicial stages. The quorum for the legal establishment of the committee must be half plus one of its members, the same for making its decisions. The professional associations referred to in the preceding numerals must select their representatives from members with specialties and sub-specialties related to the care of children. The committee may include AD HOC professionals of specialties or sub-specialties if in its judgment it so requires through an invitation extended by the national authority. The functioning of the Committee must be developed in the Regulations of this Law.

SPECIAL CONSIDERATIONS FOR THE ASSIGNMENT OF GIRLS AND BOYS. For the assignment of Girls and Boys the following special considerations must be taken:

• 1)

  The prevalence of adoption;

• 2)

  The non-separation of groups of siblings and ethnic origin, except in the interest of the child;

• 3)

  The age relationship between applicants and girls or boys in a state of adoptability;

• 4)

  When it comes to Priority and Intrafamilial Adoptions;

• 5)

  Regarding the application of the principles of this Law; and,

• 6)

  On the need to resort to the enlightenment of technical studies. In the case of numeral 3), as a general rule the minimum age difference must be fifteen (15) years with the younger applicant, however, a maximum of forty-five (45) years in relation to the younger applicant, without prejudice to the technical studies exceptionally advising the modification of the age range based on the best interest of the child.

INTERVIEW AND PERIOD OF COHABITATION. Once the assignment has been made, there being no reconsiderations to it and prior to its referral to the Judicial Headquarters for its authorization, the National Authority must notify the assigned applicants of their acceptance or non-acceptance and the conduct of the interview and the period of cohabitation, in order to verify their adequate adaptation and family integration.

COMPLEMENTARY ACTIONS TO THE ASSIGNMENT. Once the Assignment Phase is completed, the National Authority must approve the assignment and must terminate the Administrative Stage, and must prepare the respective documentation.

ADMINISTRATIVE PROCEDURE. The National Authority must conduct the adoption procedure in an expeditious manner, respecting the procedural principles of Article 26 of this Law, which are supplementarily governed by the Administrative Procedure Law. The Regulations of this Law must develop this matter.

DOCUMENTATION TO BE SUBMITTED. The General Secretariat of the National Authority must certify the item of the Minutes in which the Assignment is recorded, which must be delivered to the applicant persons for judicial authorization, with the insertions of the case that record the completion of the complementary actions referred to in Articles 34 and 35 of this Law, together with the respective administrative file, duly folioed. The National Authority must keep a complete copy of the file duly certified and of the certificate itself referred to in the first paragraph of this Article. The original file must also remain in its custody, and must be required at the request of the Judge who knows the adoption process, in accordance with Article 40. Prior to the certification of the file referred to in this Article, the National Authority must verify the validity of the documents contained therein. If necessary, updated or, in such case, request the Accredited Organization to update it. SECTION III JUDICIAL STAGE

JUDICIAL AUTHORIZATION. Upon completion of the Administrative Stage, the Assignment must be submitted to the Authorization of the Family Court Judge or whoever acts in its place, of the domicile of the girl or boy to be adopted or of the adoptant, taking into consideration the Best Interest of the Child. Without prejudice to the special rules contained in this Section, the judicial process in adoption matters must be developed in accordance with the Civil Procedure Code. The parties to the judicial adoption process are the applicants and the legal representatives of the girls and boys, as the case may be when it is a girl or boy declared in a state of abandonment, legally represented by the National Authority. In this process prior to the judicial ruling, the reasoned opinion of the Prosecutor of the Public Ministry must be heard through the respective opinion.

JUDICIAL PETITION FOR ADOPTION. Without prejudice to what is established in this regard by the Civil Procedure Code, the judicial petition for adoption must contain:

• 1)

  The name of the applicants and their details of Law, as well as the address of their residence;

• 2)

  The name and age of the person or persons to be adopted;

• 3)

  When the person to be adopted is a girl or boy, the name and details of Law of their father, mother, guardians or legal representatives, if they have any, must be detailed. The name of the person or persons or institution under whose care they are and the detail of the legal document that supports such circumstance;

• 4)

  The express declaration of their consent if they are of legal age or, in the case of a girl or boy, the succinct relation of the ruling that has legalized the abandonment or the consent; and,

• 5)

  A brief description of the facts related to the petition.

ACCREDITATIONS. The judicial petition for adoption must be accompanied by:

• 1)

  Copy of the personal identification documents of the applicants;

• 2)

  When it is a matter of adoption of adults:

  • a)

    Statement of criminal and police records and the sworn declaration of not being included in the legal prohibitions by the applicants and by the person to be adopted;

  • b)

    The birth certificate of the applicants; and, c) Birth certificate of the person who presents for adoption.

• 3)

  In the case of adoption of girls and boys: a) Certification referred to in Article 37 of this Law. The Judiciary may take the necessary measures to guarantee that the legal requirements are properly accredited, without this meaning duplication of actions, evidence, or re-victimization of girls and boys. Once the petition is admitted, the judiciary must require the National Authority to send the administrative file duly updated, with the corresponding original documents, accompanied by the respective confidential report.

PUBLICATION AND OPPOSITION. When it is a matter of the adoption of a girl or boy, in the order of admission of the petition, it must be ordered that at the cost of the interested persons a summary of the petition be published in a written means of communication of national circulation indicating the names and surnames of the girl or boy to be adopted and the Judicial Body where the petition is being processed, including the case number, when it applies it must be indicated that the National Authority represents the child. Independently of the effects of the publication referred to in the preceding paragraph, at any time in the process and before the corresponding judgment is rendered, anyone with legitimate interest may oppose by exposing the reasons for their disagreement. In which case, it must be processed incidentally in accordance with the provisions of the Civil Procedure Code. The judiciary must consider in its evaluations the degree of responsibility that the person opposing had at that time and request the legal and technical interdisciplinary actions that supported the condition of adoptability of the girl or boy. Attending to the convenience and safety of the adoptee based on the best interest of the child, the Judicial Body must resolve with or without grounds for adoption.

JUDICIAL RULING AND REMEDIES. Once the evidence has been rendered, if no opposition has been presented by the National Authority, the Judicial Body must declare in its judgment that adoption shall take place. Subsequently in case there is opposition, those who oppose must comply with the provisions of the preceding Article 41. Against the judicial judgment the remedy of appeal is available in accordance with what is prescribed in the Civil Procedure Code, once the legal remedies have been exhausted, the judgment becomes final. Once the judicial process is final, the national authority must be notified, extending a certification and mandate of the adoption judgment, so that it is recorded in the Registry of Adopted Girls and Boys and the respective follow-up for the conclusion of the adoption process, with a copy of the certification of the National Registry of Persons (RNP), prior to the final delivery of the adopted girl or boy, by means of the respective deed. Throughout the adoption process, the time limits established in the Civil Procedure Code must be respected. CHAPTER V EFFECTS OF ADOPTION

REGISTRATION IN THE CIVIL REGISTRY. The process of registration of the adoption in the Civil Registry must be carried out in accordance with what is established in the National Registry of Persons (RNP) and its regulations. If the judiciary authorizes it, at the request of the adoptants, modification of the first name of the adoptee may be agreed upon, being necessary their consent if they have reached eighteen (18) years of age and are not in permanent impossibility of expressing it. Such consent must be simple, granted freely and personally.

KINSHIP. Adoption creates a bond between the adoptant and the adoptee, forming part of their family. By adoption, the adoptee ceases to belong to their biological or consanguineous family and the kinship of consanguinity is extinguished, and they are not required to have obligations for that reason with their descendants or consanguineous collaterals. However, the matrimonial impediments contemplated in the Law regarding the biological family remain in effect. Exceptionally, if the adoptant is the spouse of the biological father or mother of the adoptee, the latter retains the consanguineous kinship bonds that unite them with their father or mother and with the consanguineous relatives of that person. Once a girl or boy is adopted, no action may be exercised to establish their consanguineous filiation, nor to recognize them as a daughter or son. Adopted girls and boys do not lose their nationality.

PARENTAL AUTHORITY. The adoptant or adoptants have the exercise of parental authority over the adoptee in accordance with what is provided in the Law. In cases of divorce, de facto separation, and second or subsequent marriages, the same rules provided for these cases in the Law must be applied with respect to the relationships of the adoptants with their adoptees regarding daughters and sons subject to parental authority. If for any reason the adoptants cease the exercise of parental authority, a guardian must be appointed for the adoptee. Parental authority exercised by the adoptant or adoptants is extinguished, suspended, and lost for the same causes as that of mothers and fathers of families, as the case may be.

PATRIMONY OF THE ADOPTED PERSON. Credits that the adopted person has in their favor from the adoptant or adoptants, originating from the administration of their assets must be considered included in number four of Article 2256 of the Civil Code and the date of its creation must be the date of registration of the adoption. Similarly, a guardian or guardians may be appointed to the adoptee by will, preferentially to the parents. However, the appointment has no effect before the death of the testator or testatrix.

SUBSEQUENT ADOPTIONS. An adoption does not prevent subsequent adoptions by the same adoptant or adoptants; in all cases the suitability specified in this Law must be observed. A new application for assignment may only be filed one year after the respective judicial sentence declaring the adoption has become final. CHAPTER VI GENERAL REGISTRY OF ADOPTIONS

GENERAL REGISTRY OF ADOPTIONS. The General Registry of Adoptions is composed of:

• 1)

  The Registry of Adoption Applicants;

• 2)

  The Registry of Girls and Boys in State of Adoptability;

• 3)

  The Registry of Adopted Girls and Boys; and,

• 4)

  The Registry of Responsible Authorities and Accredited Adoption Organisms. Additionally, it must maintain a registry of documents, files and other elements used in the adoption process; said Registry is under the responsibility of the National Authority, by means of the programmatic unit it designates for such purpose, which must be preserved, organized and updated under technical criteria. Access to said registry is subject to confidentiality. The Regulation of this Law must regulate, among other aspects, the rules of operation of the General Registry of Adoptions.

REGISTRY OF APPLICANTS. The Registry of Adoption Applicants is a tool that allows for an ordered list of Adoption Applicants who have met the legal and technical requirements to be Adoptants in Honduras, with the objective of properly conducting the proper adoption processes. It corresponds to the National Authority to create, register, update and maintain the aforementioned Registry, as well as its use so that, in accordance with what is established herein, they are related as suitable alternatives for the Assignment Phase. The data contained in the Registry of Adoption Applicants are protected by the principle of confidentiality.

REGISTRY OF GIRLS AND BOYS IN STATE OF ADOPTABILITY. The Registry of Girls and Boys in State of Adoptability is a tool that allows for an ordered list of girls and boys in such condition, with the objective of properly conducting the respective adoption processes. It corresponds to the National Authority to create, register, update and maintain the aforementioned Registry. The data contained in the Registry of Girls and Boys in State of Adoptability are protected by the principle of confidentiality.

REGISTRY OF ADOPTED GIRLS AND BOYS. The Registry of Adopted Girls and Boys allows for an ordered list of girls and boys in such condition, with the objective of properly conducting the respective follow-ups. It corresponds to the National Authority to create, register, update and maintain the Registry of Adopted Girls and Boys. In this registry the name of the adoptant persons must be included correlatively. The data contained in the Registry of Adopted Girls and Boys are protected by the principle of confidentiality.

THE REGISTRY OF RESPONSIBLE AUTHORITIES AND ACCREDITED ORGANISMS. The Registry of Responsible Authorities and Accredited Organisms allows for an ordered list of Responsible Authorities and Accredited Organisms, with the objective of properly conducting the respective adoption and follow-up processes. It corresponds to the National Authority to create, register, update and maintain the aforementioned Registry. CHAPTER VII NATIONAL AUTHORITY

NATIONAL ADMINISTRATIVE AUTHORITY. The national authority in matters of adoption in Honduras is the public institution responsible on behalf of the State in matters of childhood, by means of the programmatic unit it designates for such purpose. It corresponds to the National Authority to represent the State of Honduras and develop the adoption process in the country. It must issue regulations, protocols and directives in this regard, guaranteeing compliance with the rights of girls and boys subject to the adoption process and post-adoption follow-up.

POST-ADOPTION AND FOLLOW-UPS. It corresponds to the National Authority to provide Post-Adoption follow-up. In the case of national adoptions it must do so by itself. For International Adoptions by means of accredited organisms of the country of origin or residence of the adoptant persons. The National Authority must provide the necessary technical support to the adoptants. Foreign Governmental Authorities or accredited organisms must send to the National Authority evaluative reports of the integral development of the adopted girl or boy, according to the following schedule:

• 1)

  Quarterly during the first year of adoption;

• 2)

  Semi-annually in the second year; and,

• 3)

  Annually from the third year onwards, until the adopted person or persons reach the age of majority, in accordance with the legislation of the country of the adoptants. The competent judicial bodies, directly or through the corresponding state organism, ex officio, at the request of an interested party or by report, must investigate the living conditions in which the adopted person is found, in order to determine whether the rights provided for in this Law are being granted and the obligations are being fulfilled, issuing the corresponding measures in case of violation. The consulates or honorary consuls of the State of Honduras are constituted as collaborating offices of the National Authority for Post-Adoption follow-up, for which purpose it must inform the Ministry of Foreign Affairs of the Republic of those special cases of Adopted Girls and Boys that will require its intervention, which they must provide in a mandatory manner. The National Authority has the authority to suspend or cancel the accreditation of one or more accredited organisms when they fail to comply with their obligations and technical standards defined in this Law. The National Authority must issue a special protocol on Post-Adoption follow-ups. The National Authority must issue a special protocol for Post-Adoption follow-up, in which it incorporates mechanisms that facilitate access and agility, including technological and remote tools such as the internet. MAURICIO OLIVA HERRERA PRESIDENT JOSE TOMAS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY To the Executive Power Therefore: Execute. Tegucigalpa, M.D.C., September 28, 2018. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF FINANCES ROCIO IZABEL TABORA

PROHIBITIONS ON ADOPTIONS. Without prejudice to the promotion of the culture of adoption in general, with respect to adoptions, the following are prohibited:

• 1)

  Foreign adoptions are only granted with States with which the State of Honduras maintains diplomatic and consular relations. Exceptionally, the National Authority may accept applications for adoptions by nationals of States with which the State of Honduras does not maintain relations, taking into account their economic and social conditions, following an exhaustive investigation of their living conditions in their own States, provided that the cost of investigations in their State is borne by the interested parties. Whether or not the suitability and economic and social conditions of the petitioner are proven, the National Authority must include the report in the file, committing to submit follow-up reports.

• 2)

  The adoption of a person yet to be born;

• 3)

  To submit the adoption to a condition, deadline, manner or any burden whatsoever;

• 4)

  To promote the development of frank or hidden adoption programs or to carry out activities aimed at rearing girls and boys for the purpose of delivering them in adoption or under any concept analogous to third parties, whoever the interested person may be;

• 5)

  To participate in their capacity as a public official or participate in adoption processes when they are in a situation of conflict of interest;

• 6)

  To parents or legal representatives, to request or receive compensation in exchange for the delivery they make of their daughters or sons or representatives for the purpose of favoring themselves in an adoption process; and,

• 7)

  That any coercion be exercised to obtain consent for adoption of persons called to give it. Any person who contravenes what is established in this Article incurs civil and criminal responsibility. Additionally, when it involves public servants, administrative responsibility attaches and constitutes just cause for dismissal.

ANNULMENT OF ADOPTIONS. Adoptions are voidable in the following cases:

• 1)

  Non-compliance with the requirements established in numerals 3) and 4) of Article 15 of this Law;

• 2)

  Defect in consent for adoption; and,

• 3)

  Coercion and fraud. The right to bring an action for annulment belongs to relatives of the adoptee within the fourth degree of consanguinity; the exercise of the action for annulment also belongs to the State in the interest of the superior interest of the child, who must exercise it through the National Authority. The action for annulment must be brought before the judge who rendered the adoption sentence; correction belongs to the adoptee and the adoptant; both actions may only be exercised within a period of four (4) years, counted from the date of registration in the corresponding Civil Registry. The effects of annulment or correction do not prejudice the well-being of the adoptee and may only derive from the respective sentence; adoption is irrevocable and does not expire in any case.

VIOLATIONS OF LAW AND CRIMINAL ACTS. The National Authority, ex officio or at the request of a party, prior to the investigations conducted and upon finding that a violation of the Law has been committed, must enforce the responsibilities within its field of competence incurred by its officials or employees for the commission of a violation of this Law, without prejudice to the administrative, civil or criminal responsibility that corresponds. When the violation shows evidence of the commission of a crime, it may be communicated to the Public Ministry (MP); it must impose on whoever contravenes what is established in this Law a fine of 13 to 28 current minimum wages at their highest value, without prejudice to what the Criminal Code provides on the matter. Administrative sanctions for violations of this Law must be applied in accordance with the gradualism established by regulation by the National Authority.

NATIONAL AUTHORITY. The National Authority is the Directorate of Childhood, Adolescence and Family (DINAF).

REGULATION. The Directorate of Childhood, Adolescence and Family (DINAF) must issue the regulations related to this Law within ninety (90) business days from its entry into force.

ADOPTION PROCEEDINGS IN PROCESS. Adoption proceedings that have been initiated pursuant to prior legislation must continue their processing under the authority of the same legislation until their conclusion.

CHILDREN UNDER PROTECTIVE MEASURES DECREED UNDER PRIOR LEGISLATION. The National Authority may process the adoption of girls and boys who are under the care and protection of solidarity families, substitute families, or any other person by disposition of the Judicial Bodies, the Honduran Institute for Children and Family (INHFA), the Directorate of Childhood, Adolescence and Family (DINAF), or the Public Prosecutor's Office (MP); interested persons must submit their written request to the National Authority together with the documentation required in this Law accompanied by the original or respective certification issued by the corresponding official of

REPEALS. Repeal the following legal provisions: 1) From Decree No. 75-84 dated May 11, 1984, containing the FAMILY CODE, the following provisions: a) Title IV. On Adoption, with its corresponding Chapters: Chapter I. On General Provisions; and, Chapter VI. On Adoption Procedure; and, b) Articles 119-B, 120, 120-A, 120-B, 120-C, 120-D, 121, 122, 123, 123-A, 123-B, 123-C, 123-D, 123-E, 123-F, 123-G, 123-H, 124, 125, 126, 127, 128, 130, 132, 133, 134, 136, 139, 140, 141, 142, 143, 144, 157, 158, 159, 161, 162, 163, 166, 167, 168, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, and 184. 2) The Adoption Regulations, contained in Decree No. 34-2008 of July 23, 2008.

EFFECTIVE DATE. This Law shall take effect two (2) months after its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the twenty-fifth day of the month of September of two thousand eighteen. Legislative Branch DECREE No. 174-2018 The National Congress: WHEREAS: That in accordance with Article 205, Subsection 24) of the Constitution of the Republic, it is within the power of the National Congress to confer the ranks of: Major to General of Division, at the proposal of the Commander in Chief of the Armed Forces, by Initiative of the President of the Republic. WHEREAS: That in accordance with Article 290 of the Constitution of the Republic, military ranks are acquired only through rigorous advancement in accordance with the respective Law. Military personnel may not be deprived of their ranks, honors, and pensions in any manner other than that established by Law. Promotions from Second Lieutenant through Captain inclusive, shall be granted by the President of the Republic at the proposal of the Secretary of State in the Department of National Defense; promotions from Major through General of Division inclusive, shall be granted by the National Congress at the proposal of the Executive Branch. WHEREAS: That the Officers enumerated have maintained an outstanding record in the performance of their professional career and have met the requirements established by the Constitutive Law of the Armed Forces so that Senior Officers may be declared fit for Promotion to the Immediately Superior Rank. MAURICIO OLIVA HERRERA PRESIDENT JOSE TOMAS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY To the Executive Branch Therefore: Let It Be Executed. TEGUCIGALPA, M.D.C., December 5, 2018. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENTS OF DEVELOPMENT AND SOCIAL INCLUSION. REINALDO ANTONIO SANCHEZ