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Law 870 - Family Code
Chapter VI
Affiliation by Adoption
Art.
231 Adoption Definition
Adoption
is the legal institution by which the adopted or foster child joins the family
of adoptive parents, creating between these parents and said child the same
legal ties of kinship that bind the father or mother and blood sons and
daughters.
Art.
232 Competent Authority
In
a first phase, administrative remedies shall apply to an adoption, and in the
second phase, the judicial process shall follow. No formal procedure shall be
followed at a courthouse if the administrative procedures have not been applied
earlier.
The
administrative procedure is set forth in the Sixth Book of this Code; and the
judicial process shall be carried out according to the special ordinary process
established in the book itself.
The
judicial authority shall not process any adoption application that is
unaccompanied by a favorable resolution from the Adoption Council of Nicaragua.
In case of resolutions involving rejections, a writ of amparo may be filed
against such Council.
Art.
233 Confidentiality in
Procedures
Every
administrative and judicial procedure verified in the adoption process shall be
strictly confidential.
Art.
234 Contestability in Adoption
An
adoption is not challengeable after six months after notification of a
resolution. In the event that parents or grandparents of an adopted child
allege with cause in their non-opposition to adoption proceedings, such
six-month period shall be extended to eighteen months. The rights of those
adopted children when challenging an adoption, in cases where they were victims
of sexual abuse or intrafamily violence, are protected.
Art.
235 Separation from Original
Family
The
adopted child is separated from his original family, depriving him/her of any
rights thereto; such child may not ask for kinship obligations to be fulfilled.
Absolute impediments to get married set forth in this Code remain in force.
Art.
236 Irrevocable Adoption
An
adoption is irrevocable and cannot be terminated by agreement of the parties.
Chapter
VIII Adoptive Parents, Foster Children, and Adoption Council of Nicaragua
Art.
237 Adoption Application by
Nicaraguan or Foreigner
Adoption
can be requested by married Nicaraguan people, couples living in a common-law
marriage relationship or an individual.
In
regard to foreigners, couples—male and female, living together in common-law
marriage, may apply for adoption.
Art.
238 Persons Entitled to
Adopt
Nicaraguan
and foreign citizens, who are legally capable of meeting the requirements
below, may adopt children:
a) Applicants must be 24 years of age and not older
than fifty-five, and there must be a difference of 15 years of age between the
adoptive parent and adopted child.
Rarely, there may be an adoption without fulfilling the aforementioned
requirements, based on the best interest of the child or adolescent and with
approval of the Adoption Council of Nicaragua.
b) They shall have affective, moral, psychological,
social, and financial conditions deemed to be suitable to responsibly assume
the role of father and mother.
Art.
239 Legal Standing in Adoption
Process
Adoption may be requested by:
a) A couple, man and woman, who live together in a
common-law marriage relationship.
b) The relatives of an adopted child within the fourth
degree of kinship or consanguinity or second degree of family relationship.
c) The spouse or partner when the person to be adopted
is the son or daughter of the other spouse or partner.
d) A guardian or person that obtained guardianship
after having settled the administration accounts.
e) Foreigners united in marriage formalized in
accordance with the provisions in this Code.
Art.
240 Persons Who Cannot Adopt
a Child
Who may not adopt a child
a) One spouse or partner, without the consent of the
other one.
b) Persons who have been stripped of all their civil
and political rights.
c) A guardian may not obtain guardianship or adopt a
foster child until after all administration accounts have been settled.
