2
Feb

A common question one might ask is if it is possible to adopt an adult in the Dominican Republic, the answer is, Yes. In general and common practice, adoptions usually involve minors, however, Adult Adoptions are also admitted in the Dominican Republic, so we will be explaining how this process is managed through the courts of the country.

This process is done through the Family Court with jurisdiction based on the Adopter’s address, which also sees Divorce cases, Partition of assets in or after a Divorce, Acknowledgment and Disregard of Adults, among many other Family Law proceedings.

When speaking about Adult Adoption in the Dominican Republic, the distinguishing aspect of this process is that the person who will be adopted is of legal age and therefore is able to state their express and definitive desire to be adopted and accept the changes of last name as well as other changes that would ensue. In general terms, we see it as a simple process initiated as a result of affection and love between two adults in which wishes are being expressed.

The adopter, who also expresses their willingness to adopt, is a person of legal age and assumes the legal effects that this process entails. Some of these effects are:

1. The change in that person’s birth certificate, including their information as an adopter; and
2. That the person being adopted, will be introduced as a descendant and therefore become a direct heir, which will be consigned as irrefutable thereon.

The legal basis for adult adoption is in the Civil Code, article 358 (Amended by Law 5152 of June 13, 1959), which establishes the following:

“The person who intends to adopt and the one who wants to be adopted, if of legal age,  before a notary, must draft a record of their respective consents”.

Requirements and Steps for Adult Adoption in the Dominican Republic

The requirements for this process are fairly simple. The Adopter and Adopted will need to provide the following:

1. Identification documents
2. Address
3. Motivation that led the parties to start this process

Examples of commonly seen motivations are:

1. They’ve been in contact for a long time
2. The adopter is married to the adoptee’s mother
3. Among others

After identifying and obtaining these pieces of information, we proceed to do the following:

• Act of Authenticity:

An Authentic Act is a legal document drafted by a Notary Public, where the parties express their absolute will regarding: “Who adopts and who will be adopted”.

This document must be registered in the corresponding City Council and then a Certified Copy is produced.

• Submittal to Family Court with jurisdiction:

As we mentioned earlier, the court with jurisdiction to oversee this process is the Family Court corresponding to the domicile of the parties.

• Request for an Opinion from the Public Prosecutor’s Office:

This process of public proceeding is initiated by private petition, and therefore an opinion is sought from the Department of Civil Affairs.

• Sentence:

The sentence will be a summary of the steps mentioned above and it will include the Judge’s decision to accept or deny the request. This would assess that the corresponding legal process was followed and the corresponding requirements were met.

• Transcript of Judgment by the Central Electoral Board:

When everything is finalized and the sentence is issued, the final important step is the Transcript of the Judgment through the Central Electoral Board.

IMPORTANT

For Immigration proceedings where the parent or the adopted party grants Immigration benefits, Adult Adoption has limitations because it is not allowed in most countries. Some examples of this limitation are:

1. The United States only grants benefits to adopted minors who are sixteen (16) years old or younger. If the adopted party is over 16 years old they would not be eligible for immigration benefits.
2. Italy: Establishes that only persons under eighteen (18) years of age can be adopted.
3. Among other countries.

Therefore, if the reason why you are interested in Adult Adoption in the Dominican Republic is to grant immigration benefits, we suggest reviewing in detail the country of interest first to avoid wasting time and money.

At our law firm Morillo Suriel Attorneys at Law, we have a division specialized in  Family Law. Through this division, we can assist you with any questions or consultations you may have regarding the topic. Our attorneys are available to assist you anywhere you may be in Santo Domingo, Dominican Republic and the world through an Online Consultation or In-Person at our firm.