Special Law on Adoptions of Honduras Chapter I General Provisions

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 the original family; 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 norms, and other applicable legislation;

• 3)

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

• 4)

  To establish the subjective and procedural principles on which adoptions in Honduras must be based; and,

• 5)

  To establish the necessary institutions for the adoption process in the 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)

  Integrality;

• 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: 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: A protective measure under State supervision whose purpose is to guarantee the right of a girl or boy in a state of adoptability to grow and develop in a family. Intrafamilial Adoption: The adoption of a girl or boy carried out by an adoptive parent or extended family of the adoptee. Single-Parent Adoption: Adoption by a single adoptive parent, within the framework of the Law. Non-Child Adoption: Adoption of a person eighteen (18) or more years of age. Predetermined Adoption: An adoption in which the assignment in adoption of a girl or boy is predetermined, anticipated, or favored through direct or indirect acts, preparatory or definitive in nature, which is not permitted in Honduras. Priority Adoption: The adoption of girls or boys who, due to special aspects related to specific medical conditions, physical or mental, duly accredited, belonging to sibling or age groups or ethnic origin, are placed in conditions of adoption prevalence for the State of Honduras, based on their best interest. Adoption: The legal and psychosocial act of entry of a person into a family different from the original family, in the capacity of son or daughter. Adoptability: The eligible condition in which a girl or boy finds themselves to be adopted. Adopted Person: A person who has successfully completed their adoption process. Adoptive Parent: The applicant who, having been deemed suitable to adopt, has successfully completed their adoption process. Absence of Parental Care: The condition in which a girl or boy finds themselves who lacks a protective family environment. National Authority: The public institution responsible for childhood matters on behalf of the State of Honduras. Direct Consent: Consent for adoption given to a determined person or family, only permitted in intrafamilial and priority adoptions. Declaration of Suitability: The act through which the National Authority determines or validates the suitability of applicants for national and international adoptions and a prerequisite step for their registration in the Register of Adoption Applicants. Right to Life, Survival, and Development: The right that every girl and boy have 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 comprehensive development. Technical Study: The condition of scientific requirement that must characterize the elements and tools of substantiation that support the adoption 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 duly require. Foundling: A newborn girl or boy abandoned or lacking parental care, in hospital centers or public places, whose circumstances make it impossible to conduct social investigation to locate their family. Extended Family: The original family by consanguinity. Suitability: The condition of eligibility to be an applicant for national and international adoptions, accredited by interdisciplinary technical studies and declared by the National Authority. Integrality: The principle indicating that no adoption can be subjected to any condition, term, manner, or encumbrance. Any provision to the contrary is void ab initio and shall be deemed as 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 that must be given is the best interest of the child. Non-discrimination: The principle by which in the adoption process, no distinction or exclusion should be made against any person or treatment as an inferior being or deprivation of rights, on account of certain physical characteristics, their ideas, religion, culture, sex, economic position, or other apparent reasons, without prejudice to positive actions based on a rights approach, designed to correct inequities. Opinion: The right that every girl or boy has to express their criterion or opinion on measures related to their adoption process, which must be duly taken into account based on their age and degree of maturity, according to what psychosocial studies suggest. Accredited Organisms: Foreign institutions duly accredited and current 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 have coincidence with girls or boys of ethnic origin have priority to adopt; national adoptive parents over foreign ones; 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: The principle indicating that in the adoption process in general, the human person must be considered as its supreme reason or purpose. General Register of Adoptions: A tool for ordered and updated registration of vital facts of adoptive parents and adopted girls and boys, as well as the central authorities of different countries and adoption agencies accredited in the country that facilitates the carrying out of the adoption process and its respective follow-up. Security: In all adoption procedures, it must be safeguarded that no illegal or criminal practices such as trafficking and sexual, commercial exploitation occur, taking into account the security that the State is obligated to provide to persons who submit to its terms, particularly to children. Post-Adoption Follow-up: The mandatory follow-up that the Honduran National Authority must provide, either directly or through national and international cooperation mechanisms; to which Adoptive Parents and Adoption Agencies are equally obligated when applicable, this with the purpose of verifying the adequate integration of the girl or boy with their adoptive family and their comprehensive protection. Subsidiarity: The principle by which every girl or boy should be raised by their original family or extended family; if this is not possible or would be contrary to their best interest, the adoption then proceeds in order of prevalence of national and international adoption. Alternative Care Modality: The protection mechanism for a girl or boy who lacks parental care, which can be family-based or through a Residential Alternative Care Institution (IRCA), which must be duly certified and supervised for such purpose by the public institution responsible for childhood matters.

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 consent granted by whoever holds their legal representation. Every girl or boy in a position or availability for adoption must be incorporated into the Register of Girls and Boys in a State of Adoptability, with the confidentiality required in this register. In the case of adult persons declared judicially incapable, the proceedings must be carried out in accordance with the provisions of Articles 321 and 322 of the Family Code, as well as what is established in Article 636 of the Code of Civil Procedure.

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 support;

• 3)

  To retain their nationality and the rights inherent to the same;

• 4)

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

• 5)

  In the case of girls and boys, to receive the corresponding protective measures. The rights and guarantees granted by this Law do not exclude others that, although not expressly stated herein, derive from the principles thereof and from human dignity itself.

ADOPTABILITY OF GIRLS AND BOYS. Only persons under eighteen (18) years of age who are in any of the following cases may be adopted: 1) Those whose parents are unknown or who are foundlings; and, 2) Those who for any reason find themselves 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, may be adopted when such need is justified in a qualified manner and based on the corresponding interdisciplinary studies.

DECLARATION OF ADOPTABILITY. The declaration of Adoptability is the competence of the Directorate of Children, Adolescence and Family (DINAF), in accordance with the applicable provisions of the Code of Children and Adolescents, through the administrative procedure regulated by that normative. Persons of legal age do not require a declaration of adoptability; in the case of adult persons declared judicially incapable, the provisions of Article 6 of this Law must be adhered to. In the case of minor adults, from eighteen (18) to twenty-one (21) years of age, compliance with what the Civil Code establishes in Article 266, which specifically refers to emancipation, must be observed. The National Authority must incorporate into the Register of Girls and Boys in a State of Adoptability every girl or boy declared in such condition.

ADMINISTRATIVE MANIFESTATION OF WILL TO GIVE CONSENT. Prior to the granting of Consent in judicial proceedings, whoever wishes to grant it must appear before the National Authority, accrediting that they have the ability 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 describes what occurred, records the carrying out of the interdisciplinary intervention including relevant findings resulting therefrom, if any, as well as whether the respective warnings were given, of which a certification must be sent to the Family Court Judge so that without further procedure they cite the respective Consent hearing. If necessary, the National Authority must take the most appropriate urgent protective measures for the girl or boy, within the framework of the current special protection mechanism and, if applicable, making the corresponding referral. Such measure must be reviewed at the request of the Family Court 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. As long as the administrative manifestation of will for the granting of consent is not complied with, the hearing in judicial proceedings for the granting of such figure shall not proceed, nor may any adoption procedure be carried out.

CONSENT TO BE ADOPTED. Consent is the express manifestation of will by whoever has legal capacity to do so or, as applicable, by the legal representative of a girl, boy, or incapable person. The Family Court Judge is obligated to hear and take into account the opinion of those concerning whom consent is intended to be given, unless this is not viable by reason of their age or lack of maturity, in which case the judge must record such qualification and their arguments in the record drawn up for such purpose. A record must be drawn up for each consent granted before the Judge in which is recorded what occurred, verification of the aptitude of the grantor, as well as the circumstance of having given the respective legal warnings and to timely issue a ruling in which it is established whether or not consent is appropriate. For these purposes, the Family Court Judge or the Court Judge of Letters having jurisdiction in the district where consent is to be granted is competent. However, when the best interest of the child so indicates, the Court Judge of Letters of another domicile may have qualified knowledge. In accordance with what is established in Articles 665 and 666 of the Code of Civil Procedure. In case of doubt regarding parentage, the Judge must order the respective scientific test. Only open consent may be given. However, 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 empowered by full right to grant the respective consent themselves, which they must render in a personal and direct manner. For those who are subject to guardianship, the consent must be granted by the person who assumes their guardianship, whereas, if they are minors, it corresponds to those who exercise parental authority. In both cases, authorization from the competent Judge is required. For cases in which parental authority is exclusive to one person alone, their consent shall suffice. The provisions of this paragraph are not applicable when guardianship has arisen from the suspension of parental authority. If it is a matter of girls and boys declared in a state of abandonment, the consent must be given by the representative of the institution responsible for childhood in Honduras, with authorization from the competent Court.

PROHIBITIONS REGARDING CONSENT. In all cases, it is prohibited to receive any payment or gratification in exchange for adoption by the 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 their entry into the Register of Adoption Applicants from the National Authority, and must comply with the requirements of the Law, in the form determined and provided for such purpose by the National Authority. For adoptions of persons of legal age, those who intend to adopt them are not required to enter the Register of Adoption Applicants.

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

• 1)

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

• 2)

  To possess a marital bond with a minimum of three (3) years of cohabitation or to maintain a duly legalized de facto relationship, 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 count with the certification of current suitability;

• 5)

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

• 6)

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

• 7)

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

• 8)

  To have the capacity to educate, assist, and support the adopted person. In the case of numeral 1) of this Article, the age requirement is considered fulfilled once one of the spouses reaches the minimum established age; and, regarding the age difference between adoptive parents and adopted persons, when the Adoption is joint, the parameter to determine the age difference is in relation to the age of the younger spouse. Regarding numeral 2), regarding de facto relationships duly legalized, the years of cohabitation recognized according to the Judicial Sentence shall be considered as years of cohabitation. In the case of national adoptions, the certification of suitability corresponds to the National Authority and is carried out as part of the process prior to registration in the Register of Adoption Applicants. When it involves applicants for national adoptions in Honduras, they must accredit the commitment that, upon leaving the national territory, Post-Adoption Follow-up must be carried out 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 the present Law, the following are special requirements applicable to applicants for International Adoption:

• 1)

  That the accredited agency representing them 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 their country to adopt one (1) or more girls or boys abroad or, certification from the migration authority of the country of residence of the applicant(s), documenting approval to adopt outside their country of origin or residence;

• 4)

  Certificate issued by the Honduran Consul or Consuls of the residence address of the applicant(s) certifying that they comply with 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 residence address of the applicant(s). In the case of numeral 1), the commitment of the foreign Central Authority or whoever acts in its place, of the country of their habitual residence, which shall exercise control and supervision regarding compliance with the legal obligations derived from the adoption.

APPLICATION FOR REGISTRATION. The application for registration in the Adoption Applicants Register must be presented in the form provided for this purpose by the National Authority, which must be accessible and easy to complete for any person wishing to opt for an adoption in the country. It must be presented to the General Secretariat and referred for its registration and processing to the programmatic unit determined by the higher hierarchical authority of the National Authority, together with the corresponding accreditations.

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

• 1)

  Copy of the Identity Card of the applicant or, where applicable, the residence card;

• 2)

  Original certification of marriage or of de facto 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 their children, if any;

• 4)

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

• 5)

  Original certificate of employment, indicating position, salary, and length of service;

• 6)

  Legalized copy of real property titles or rental contracts if they are 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 photographs, front view and in color, passport size of the applicant person(s), as well as of the environment in which they live;

• 9)

  Letter of commitment regarding Post-Adoption Follow-ups for the term required by Law; and, 10) Duly authenticated sworn statement of not being subject to legal prohibitions. Additionally, applicants for international adoption must present the following documents:

  • 1)

    Accreditation of the Central Adoption Authority or of the accredited agency with which it acts, in compliance with the requirements of Law;

  • 2)

    Socioeconomic, physical, and psychological study conducted by the accredited agency closest to the residence address of the prospective adoptive persons, certifying suitability;

  • 3)

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

  • 4)

    Official approval from their country to adopt one (1) or more girls or boys abroad or certification from the migration authority of the country of residence of the applicant(s), documenting approval to adopt outside their country of origin; and,

  • 5)

    Original certificate issued by the Honduran Consul or honorary Consuls of Honduras accredited in those countries, from the residence address of the applicant(s) certifying that they comply with the adoption requirements according to the Law of their country of origin or residence or that the Accredited Adoption Agency is officially recognized. Similarly, if one of the applicants is a foreigner, they must attach a copy of their passport. The photocopies referred to in this Article must be presented duly authenticated and apostilled where applicable, in accordance with the corresponding legal regulations.

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 the present Law, regarding the minimum and maximum age, provided that at least five (5) years of cohabitation is indubitably established; and, 2) In the case of numeral 2) of Article 15 of the present Law, authorizing a Single-Parent Adoption. In both cases, the National Authority or the judge must state the reasons that support their decision, following technical study in both avenues 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 evidenced by means of:

• 1)

  The interdisciplinary technical studies determined by the National Authority;

• 2)

  The training and preparation of the applicant persons determined by the National Authority; and, 3) The documentation that evidences 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 evidence suitability have a duration of three (3) years. The National Authority must enroll every applicant it declares suitable in the Adoption Applicants Register.

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

• a)

  Foreign persons not residing in Honduras;

• b)

  Foreign persons residing 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 ON ADOPTION. The following cannot adopt:

• 1)

  Neither spouse if there is no mutual consent;

• 2)

  The guardians of persons subject to their guardianship;

• 3)

  Persons who have exercised guardianship of the wards or incapacitated persons, as long as their accounts of administration 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 de facto union duly legalized. It is prohibited to place girls or boys or adult persons for adoption with marriages or de facto unions formed by persons of the same sex.

ADOPTION APPLICANTS REGISTER. The Adoption Applicants Register is a tool of the adoption process in the administrative forum that allows for an ordered list of adoption applicants in the country. This Register is composed of both national and foreign families and is part of the General Adoption Register. It is the responsibility of the National Authority to create, register, update, and maintain the Adoption Applicants Register. Every applicant person who is declared suitable must be registered in the aforementioned register 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 carried out through appearance in a public deed authorized in the notarial forum or through appearance before the Family Court Judge. In the case of a public deed, it must be ratified by the respective judicial authority through the intervention of a judge.

OBJECT OF THE ADOPTION PROCESS FOR GIRLS AND BOYS. The Adoption Process for Girls and Boys has the purpose of determining the legal and psychosocial pertinence of the adoption of a girl or boy, and involves the administrative stage and the judicial stage. The first has the purpose of the National Authority conducting interdisciplinary studies, the preparation of the applicant persons, as well as complementary proceedings. The second has the purpose of the Family Court Judge verifying compliance with the legal and technical requirements, dissolving any pre-existing kinship bond if it exists and creating the new kinship relationship between the adoptive persons and adopted persons, as well as ordering their registration or modifying it in the respective civil registry. The respective procedure both in the administrative forum and judicial forum must conform to the provisions of this Chapter.

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

• 1)

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

• 2)

  Confidentiality: Proceedings related to the adoption process of girls and boys must maintain due confidentiality regarding their family of origin and others determined by the respective interdisciplinary technical studies, in accordance with their best interest;

• 3)

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

• 4)

  Gratuity and Confidentiality of the Procedure: Adoption proceedings must not generate excessive charges or expenses, and efforts must be made to make them accessible to applicant persons;

• 5)

  Legality: Proceedings related to adoptions must be based on Law; and,

• 6)

  Transparency: Without prejudice to the confidentiality related to the adoption of girls and boys, general procedures and proceedings must be carried out with due transparency. Proceedings must be free from duplicate actions and concentrate 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 girls and boys in a state of adoptability in order to find in the Adoption Applicants Register the best suitable family alternative for their adoption, which must be carried out 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.

PHASE OF TECHNICAL ASSESSMENT. Every girl or boy declared in a state of adoptability must have undergone a prior interdisciplinary evaluation or, where applicable, it must be conducted, by means of interdisciplinary technical studies of their psychosocial and medical situation that gives rise to adoption. The National Authority must consider the studies that have been conducted on the girl or boy and if necessary must update them or order new technical studies to be conducted. Similarly, in the case of international adoptive parents, it must consider the studies they have submitted with the respective application; if necessary, it must update them or order new technical studies to be conducted. Based on the interdisciplinary studies, it must identify from the Adoption Applicants Register the best alternatives for the girl or boy, proposing them competitively to the Assignment Committee, this through the relevant tests and analysis of a family, in accordance with the needs or individual and social characteristics of the girl or boy. Nevertheless, when Priority Adoptions or Intrafamily Adoptions are involved, direct or non-competitive proposals may be made, with proper justification.

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

ASSIGNMENT COMMITTEE. The Assignment Committee is a mechanism of transparency for the assignment of children in adoptability status, which is composed as follows:

• 1)

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

• 2)

  The head or chief 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 College of Psychologists of Honduras;

• 5)

  A representative of the College of Social Workers; and,

• 6)

  A representative of the Medical College 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 hold ordinary sessions at least once (1) per month, in accordance with the convocation that the National Authority issues through its highest authority, in which the specialized interdisciplinary technical teams of the National Authority must participate for the respective briefing, accompanied by the respective case files so that the members of the Committee may have access to their content and generate the necessary levels of consultation in order to have, in greater detail, all the constitutive elements of each adoption process; especially regarding 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 a majority of its members, the same for making its decisions. The professional colleges referred to in the preceding numerals must select their representatives from members with specialties and subspecialties related to child care. The committee may incorporate AD HOC professionals of specialties or subspecialties should it deem it necessary through an invitation extended by the national authority. The functioning of the Committee must be developed in the Regulations of the present 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 adoptability status;

• 4)

  When Priority and Intrafamilial Adoptions are involved;

• 5)

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

• 6)

  Concerning the need to consult the 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, as the case may be; and, maximum of forty-five (45) years in relation to the younger applicant, without prejudice to the technical studies exceptionally recommending the modification of the age range based on the best interest of the child.

INTERVIEW AND COHABITATION PERIOD. Once the assignment has been made, in the absence of reconsiderations thereto and prior to its remission to the Judicial Headquarters for its authorization, the National Authority must notify it to the assigned applicants for their acceptance or rejection and for the conduct of the interview and cohabitation period, in order to verify their adequate adaptation and family integration.

COMPLEMENTARY ACTIONS TO THE ASSIGNMENT. Once the Assignment Phase has been completed, the National Authority must approve the assignment and must declare the Administrative Stage concluded, and must prepare the respective documentation.

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

DOCUMENTATION TO BE SUBMITTED. The General Secretary of the National Authority must certify the point of Record in which the Assignment is recorded, which must be delivered to the requesting persons for judicial authorization, with the respective insertions that record the completion of the complementary actions referred to in Articles 34 and 35 of the present Law, together with the respective administrative file, duly paginated. 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 submit it 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, update them or, as the case may be, request the Accredited Organization to update them. SECTION III JUDICIAL STAGE

JUDICIAL AUTHORIZATION. Upon conclusion of the Administrative Stage, the Assignment must be submitted to the Authorization of the Family Court Judge or whoever acts in that capacity, 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 Procedural 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; in the case of a girl or boy declared in abandonment status, the National Authority legally represents them. In this process, prior to the judicial resolution, the reasoned opinion of the Prosecutor of the Public Ministry must be heard through the respective opinion.

JUDICIAL ADOPTION REQUEST. Without prejudice to what is established in this regard by the Civil Procedural Code, the judicial adoption request must contain:

• 1)

  The name of the applicants and their personal information, 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 personal information of their father, mother or guardians or legal representatives, if any, must be detailed. The name of the person or persons or institution in 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 concise statement of the resolution that has legalized the abandonment or consent; and,

• 5)

  A brief description of the facts related to the request.

CREDENTIALS. To the judicial adoption request must be attached:

• 1)

  Copy of the personal identification documents of the applicants;

• 2)

  When it is an adoption of adults:

  • a)

    Certificate of criminal and police record and the sworn statement 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) Certification of birth of the person presenting for adoption.

• 3)

  In the case of adoption of girls and boys: a) Certification referred to in Article 37 of the present Law. The Judiciary may take the necessary measures to ensure that the legal requirements are duly accredited, without this meaning the duplication of proceedings, evidence, or revictimization of girls and boys. Once the request is admitted, the judiciary must request from the National Authority the sending of the administrative file duly updated, with the corresponding original documents, accompanied by the respective confidential report.

PUBLICATION AND OPPOSITION. When it is an adoption of a girl or boy, in the order of admission of the request an order must be issued that at the expense of the interested persons, an extract of the request be published in a written media of national circulation indicating the names and surnames of the girl or boy to be adopted and the Judicial Body where the request is being heard, including the case number; when applicable, it must be indicated that the National Authority represents them. Independently of the effects of the publication referred to in the preceding paragraph, at any moment in the process and before the corresponding judgment is issued, anyone with legitimate interest may object by stating the reasons for their disagreement. In which case, it must be processed in an incidental manner in accordance with what is provided in the Civil Procedural Code. The judiciary must consider in its assessments the degree of responsibility that the opposing party had at the time and request the legal and technical interdisciplinary proceedings that supported the adoptability status 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 whether or not to grant the adoption.

JUDICIAL RESOLUTION AND REMEDIES. After the relevant evidence is presented, if no opposition has been filed by the National Authority, the Judicial Body must declare in its judgment that adoption is granted. Subsequently, in case of opposition, those who oppose must comply with what is provided in the preceding Article 41. Against the judicial judgment, the remedy of appeal is available in accordance with what is prescribed in the Civil Procedural Code; once the legal remedies are 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 registered in the Registry of Adopted Girls and Boys and the respective follow-up for the completion of the adoption process, with a copy of the certification from the National Registry of Persons (RNP), prior to the definitive delivery of the adopted girl or boy, through the respective record. Throughout the entire adoption process, the time limits established in the Civil Procedural 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 proper name of the adoptee may be agreed, requiring their consent if they have reached eighteen (18) years of age and are not in a permanent state of inability to manifest it. Such consent must be simple, provided freely and personally. The adoption shall not have effects between the adoptant and the adoptee, or the adoptants and the adoptees, nor with respect to third parties, except after its registration with the respective Civil Registrar.

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 consanguineous kinship is terminated, not being required of them obligations for that reason with their descendants or consanguineous collateral relatives. Notwithstanding, the matrimonial impediments contemplated in the Law with respect to the biological family remain in force. Exceptionally, if the adoptant is the spouse of the biological father or mother of the adoptee, the latter retains the consanguineous bonds that unite them with their father or with their 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. It corresponds to the adoptant or adoptants the exercise of parental authority over the adoptee in accordance with what is provided in the Law. In cases of divorce, separation of fact, and second or subsequent marriages, the same rules provided for these cases in the Law regarding daughters and sons subject to parental authority must be applied with respect to the relations of the adoptants with their adoptees. If for any reason the adoptants cease the exercise of parental authority, a guardian must be appointed to the adoptee. The parental authority exercised by the adoptant or adoptants is extinguished, suspended, and lost for the same reasons as that of parents, as the case may be. If the adopted persons are girls or boys or adults who cannot support themselves and have property, the persons who adopt them remain subject to the regimes established for guardianship as regards its administration.

PATRIMONY OF THE ADOPTED PERSON. The credits that the adopted person has in their favor from the adopter or adopters, arising from the administration of their assets shall 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. A guardian or guardians may likewise be appointed to the adopted person by will, preferably from the parents. However, the appointment has no effect before the death of the testator.

SUBSEQUENT ADOPTIONS. An adoption does not prevent other subsequent adoptions by the same adopter or adopters; in all cases, the suitability specified in this Law must be observed. A new application for assignment can 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 Adoptability Status;

• 3)

  The Registry of Adopted Girls and Boys; and,

• 4)

  The Registry of Responsible Authorities and Accredited Adoption Organizations. 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, through the programmatic unit it designates for that purpose, which must be preserved, organized and updated under technical criteria. Access to said registry is subject to confidentiality. The Regulations of this Law must regulate, among other aspects, the operational rules of the General Registry of Adoptions.

REGISTRY OF APPLICANTS. The Registry of Adoption Applicants is a tool that makes it possible to have an ordered list of Adoption Applicants who have met the legal and technical requirements to be Adopters in Honduras, with the objective of properly carrying out the corresponding adoption processes. It is the responsibility of the National Authority to create, register, update and maintain said 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 is protected by the principle of confidentiality.

REGISTRY OF GIRLS AND BOYS IN ADOPTABILITY STATUS. The Registry of Girls and Boys in Adoptability Status is a tool that makes it possible to have an ordered list of girls and boys in such condition, with the objective of properly carrying out the respective adoption processes. It is the responsibility of the National Authority to create, register, update and maintain said Registry. The data contained in the Registry of Girls and Boys in Adoptability Status is protected by the principle of confidentiality.

REGISTRY OF ADOPTED GIRLS AND BOYS. The Registry of Adopted Girls or Boys makes it possible to have an ordered list of girls and boys in such condition, with the objective of properly carrying out the respective follow-ups. It is the responsibility of the National Authority to create, register, update and maintain the Registry of Adopted Girls and Boys. This registry must include correlatively the names of the adoptive parents. The data contained in the Registry of Adopted Girls and Boys is protected by the principle of confidentiality.

REGISTRY OF RESPONSIBLE AUTHORITIES AND ACCREDITED ORGANIZATIONS. The Registry of Responsible Authorities and Accredited Organizations makes it possible to have an ordered list of Responsible Authorities and Accredited Organizations, with the purpose of properly carrying out the respective adoption and follow-up processes. It is the responsibility of the National Authority to create, register, update and maintain said 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, through the programmatic unit it designates for that purpose. It is the responsibility of the National Authority to represent the State of Honduras and develop the adoption process in the country. It must issue the regulations, protocols and guidelines 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 is the responsibility of the National Authority to conduct Post-Adoption follow-up. In the case of national adoptions it must do so directly. For International Adoptions through accredited organizations in the country of origin or residence of the adoptive parents. The National Authority must provide the necessary technical support to the adopters. Foreign Government Authorities or accredited organizations must submit 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(s) reach the age of majority, in accordance with the legislation of the country of the adopters. The competent judicial bodies directly or through the corresponding state agency, ex officio, at the request of an interested party or by complaint, must investigate the living conditions in which the adopted person finds themselves, in order to determine whether the rights are being granted and the obligations provided for in this Law are being fulfilled, issuing the appropriate measures in case of violation. The consulates or honorary consuls of the State of Honduras shall serve 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 about those special cases of Adopted girls and boys that require its intervention, which it must provide in a mandatory manner. The National Authority has the power to suspend or cancel the accreditation of one or more accredited organizations 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 its access and agility, including technological and remote tools such as the internet.

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

• 1)

  International adoptions are only granted with States with which the State of Honduras maintains diplomatic and consular relations. Exceptionally, the National Authority may admit applications for adoptions by nationals of States with which the State of Honduras does not maintain relations, taking into consideration 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 those interested. Whether or not the suitability and economic and social conditions of the applicant are proven, the National Authority must include the report in the file, committing itself to submit a follow-up report.

• 2)

  The adoption of a person not yet born;

• 3)

  Subjecting adoption to any condition, term, manner or encumbrance;

• 4)

  Promoting the development of frank or disguised adoption programs or carrying out activities aimed at raising girls and boys for the purpose of delivering them for adoption or under any concept analogous to third parties, whoever the interested party may be;

• 5)

  Participating in their capacity as a public official or participant in adoption processes, when they are in a situation of conflict of interest;

• 6)

  By or from parents or legal representatives, requesting or receiving remuneration in exchange for the delivery they make of their daughters or sons or representing them in order to benefit from an adoption process; and,

• 7)

  That any coercion is exercised to obtain consent for adoption from those called to give it. Any person who violates what is established in this Article incurs civil and criminal liability. Additionally, when it comes to public servants and employees, it entails administrative responsibility and constitutes just cause for dismissal.

NULLITY OF ADOPTIONS. Adoptions are voidable:

• 1)

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

• 2)

  The defect of consent for adoption; and,

• 3)

  Coercion and fraud. The action for nullity corresponds to relatives of the adopted person, within the fourth degree of consanguinity; the exercise of the action for nullity also corresponds to the State in the best interest of the child who must exercise it through the National Authority. The action for nullity must be brought before the judge who issued the adoption sentence; the remedy corresponds to the adopted person and the adopter; both actions can only be exercised within a period of four (4) years, counted from the date of registration in the corresponding Civil Registry. The effects of the nullity or remedy do not prejudice the welfare of the adopted person and can only proceed from the respective sentence; the 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 that are conducted and if it finds that a violation of the Law has been committed, must pursue the responsibilities within the scope of its 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 indicia of the commission of a crime, it may be reported to the Public Ministry (MP), and must impose on those who violate what is established in this Law, a fine of 13 to 28 current minimum salaries at their highest value, without prejudice to what the Penal Code may provide on the matter. The administrative sanctions for violations of this Law must be applied in accordance with the graduality that is established by regulation by the National Authority.

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

REGULATIONS. 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.

PENDING ADOPTION APPLICATIONS. Adoption proceedings that have been initiated under prior legislation shall continue their processing under the authority of the same legislation until their conclusion.

CHILDREN UNDER PROTECTIVE MEASURES ORDERED 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 order of the Judicial Organs, the Honduran Institute for Children and the Family (INHFA), the Directorate for Children, Adolescents and Family (DINAF), or the Public Ministry (MP). Interested parties must submit their application in writing to the National Authority together with the documentation required by this Law, accompanied by the original or respective certification issued by the corresponding official of the delivery deed, court order, or documents by which the child was placed under their protection, guardianship, custody, provisional care, or other analogous term. The foregoing is understood without prejudice to technical studies to determine the suitability of the petitioners and the attachment that the children who are subject to this proceeding may have, always understanding their best interests. The adoptions referred to in this Article shall not be considered predetermined adoptions. This provision shall remain in effect for five (5) years from the entry into force of this Law.

REPEALING PROVISIONS. The following legal provisions are hereby repealed: 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 enter into force two (2) months after its publication in the Official Gazette "La Gaceta".