AN ACT - Oficina de Servicios LegislativosH. B. 1657) (Conference) (No. 186) (Approved December 18,...

(H. B. 1657) (Conference)

(No. 186)

(Approved December 18, 2009)

AN ACT To establish the “Comprehensive Adoption Proceedings Reform Act of 2009,” in

order to modernize and streamline adoption proceedings in Puerto Rico; to institute a diligent and expeditious adoption proceeding, whereby mothers with unwanted viable pregnancies, shall be provided with the option to continue such pregnancies; to provide that the Secretary of the Department of the Family shall adopt the necessary regulations to implement programs that facilitate adoption; to set forth the public policy of the Government of Puerto Rico on the matter of the establishment of a Safe Shelter system; to provide for the creation of an adoption task force that shall be constituted by the Department of the Family, the Department of Health, and adoption agencies; provide for the Department of the Family to establish the Puerto Rico Statewide Voluntary Adoption Register in said Department; to direct the Department of the Family to adopt or amend the necessary regulations for the implementation thereof; provide that it shall render a yearly report to the Legislature and the Governor of Puerto Rico on the operations thereof; provide on the voluntary surrender of a minor and the adoption proceedings for minors released from parental rights; provide the procedure for the placement of minors with adopting parents; to amend Section 3, Section 39, Section 42, Section 47, Section 50, Section 52, Section 53, Section 54, and Section 55 of Act No. 177 of August 1, 2003, as amended, known as the “Comprehensive Child Well-being and Protection Act”; to amend Section 612, Section 612A, Section 612B, Section 613D, Section 613O, and to add a new Section 613Q to Act No. 9 of January 19, 1995, as amended, known as the “Special Legal Proceedings Act,” formerly the Code of Civil Procedure; to amend Section 5.005 of Act No. 201 of August 22, 2003, as amended, known as the “Judiciary Act of the Commonwealth of Puerto Rico of 2003,” for the purpose of referring any petition for adoption to the Specialized Family Part of the Court of First Instance, to focus the public policy, firstly to the well-being of minors, and if possible, to family unity, provided that it is in the best interests of minors; to make the adoption proceedings more flexible by shortening the terms for physical custody hearings after the Department of the

Family has expended reasonable efforts in seeking the welfare and the protection of the minor; terminating, restricting, or suspending parental rights; instituting lawsuits; preparing a report on the expert social study; scheduling and holding the first conference; recognizing and validating interstate and intercountry adoptions; and establish the right of foster homes and of the adopting parents to be heard during such proceedings; to establish by law the initiative already taken by the Judicial Branch of designating special parts to address cases related to termination of parental rights and those that may result from Act No. 177, supra; and for other related purposes.

STATEMENT OF MOTIVES

Adoption is a real alternative and a loving option which benefits everyone,

in instances in which our children, due to diverse circumstances, do not find in

their biological parents the love and affection which should be theirs by birthright.

Thanks to adoption, many people have the opportunity to share their happiness by

providing a minor with a stable and permanent home.

At present, the process involving the adoption of a minor is complicated and

entails a long and painful waiting period. Adoption may take place within diverse

settings. As a solution to one of the problems that arise from this process, other

state jurisdictions of the United States have created the “volunteer donor mother”

option. Such option enables the expecting mother to reach an agreement with the

prospective adopting parents in order for the parents to be given the newborn child

right after birth. In the course of this process, the volunteer mother and the future

adopting parents, if they so wish, may share the pregnancy experience and attend

follow-up medical appointments together. Thus, the future adoptive parents are

involved in the experience in its entirety, which enables them to be better prepared

for the time when they shall assume parental rights over the minor. On occasion,

adoption does not take place right after birth, which minors may be adopted during

their childhood or teenage years.

This Act establishes the public policy of the Government of Puerto Rico on

the creation of a safe shelter system, which promotes the option of enabling

mothers to surrender their newborn child at a hospital institution without the fear

of possible prosecution for the crime of abandonment, as established under

Article 132 of the Penal Code of Puerto Rico.

For all of the foregoing, this Legislature deems it fair, meritorious, and

necessary to approve legislation in order to establish in Puerto Rico, so as to follow

the vast majority of all other States, the “volunteer donor mother” system, in order

to make an expeditious adoption procedure feasible, whose purpose shall be to

safeguard the best interests of the adoptee and to protect his/her right to develop

under the protection of a family which gives him/her affection and provides

him/her with the care necessary to satisfy his/her spiritual and material needs when

his/her biological parents are unable. It is alarming and outrageous to see how so

many children have lost their lives waiting for a transformation within their home

environment so as to make their home suitable for their proper development and

quality of life. This Legislature believes in the reunification of families in those

cases in which biological parents are clearly rehabilitated and show the necessary

capability and stability to assume the portentous responsibility of parenthood.

Likewise, in Puerto Rico there are a great number of persons who wish to

become parents by adoption, as well as many minors waiting to be adopted.

However, on occasion, it is difficult to timely identify those hopefuls who could

very well provide a new home and a family for minors in Puerto Rico who are

candidates for adoption and who are in urgent need to be adopted. In view of the

ever-increasing need to provide stable homes for minors in dire need of a home

environment, we deem that it is meritorious to streamline the adoption process in

the Island, so as to benefit adopting parents, and most of all, adoption candidates.

For such reason, we also believe that it is appropriate and compelling to

provide that the Department of the Family shall establish within the said

Department, the “Puerto Rico Statewide Voluntary Adoption Register.” Such

register shall enable the Commonwealth, subject to compliance with any applicable

legal and regulatory requirements, to timely identify how many people wish and

are qualified to adopt minors and to likewise have such relevant data so that they

may be easily identified and located. Furthermore, the Commonwealth shall

identify such minors that are candidates for adoption. By duly implementing this

register, a process of adoption which is fair and expeditious is thus secured in order

for people who wish to adopt to be provided with real opportunities and

possibilities.

The Commonwealth, in its capacity as parens patriae, is able to use the

adoption venue to provide a stable, healthy, and safe home for minors who have

been removed from their own homes and who for any reason are unable to go

back. Consistent with such capacity, it was established that the Government has

the power to adopt regulations as necessary to ascertain that adoption is the most

suitable alternative for a minor under the custody of the Department of the Family.

It is a fact that the welfare and the safety of minors have been in many cases

compromised in obstinately seeking family unity, even in cases in which the

circumstances within said family environment disserve the welfare of such minors.

Although the family unity principle is essential, we cannot lose sight of the fact

that the main objective should always be the welfare and the safety of children and

provide them with a suitable home environment, in order for them to feel loved and

to be able to develop physically, mentally, socially, and morally, while according

them a living environment that is healthy, in which order, peace, and tranquility

rule.

On the other hand, the modern globalization trend has made it possible, in

the past decade, for thousands of United States citizens, including Puerto Rico

residents, to resort to foreign countries to adopt children who were suitable

candidates for adoption. In the year 2000, the United States Government approved

the Intercountry Adoption Act, P.L. 106-279, thus ratifying the Convention on

Protection of Children and Co-operation in Respect of Intercountry Adoption,

approved in Hague on May 29, 1993. Section 503 of the Intercountry Adoption

Act establishes that the states may adopt statutory provisions, which are consistent

with the provisions of such statute.

At present, adoption proceedings in foreign countries vary according to the

body of laws in effect in each jurisdiction. Once such transaction is completed,

United States citizens obtain from the Federal Government an authorization or visa

to introduce the minor into American ground, after which adopting parents return

to their state of residence with their adopted minor.

Most U.S. state jurisdictions, including Louisiana, Texas, and New York,

have enacted legislation to impart a final and binding nature to foreign adoptions

by their residents and to make it feasible for the minor to have a birth certificate

issued within their jurisdiction, pursuant to the body of laws of their state.

Likewise, most states have established statutes to recognize adoptions carried out

by their residents in other states of the American Nation.

For such reason, this Legislature deems it appropriate and compelling to

establish a uniform statewide procedure whereby intercountry and interstate

adoptions may be ratified and validated in this jurisdiction and birth certificates

may be obtained for such minors, all of which shall be consistent with the Federal

and local body of laws in effect. For such purposes, a new Section 613Q is hereby

added to Act No. 9, infra, in order to establish a process to validate adoptions

carried out in other states or in other countries.

As part of this comprehensive reform on adoption proceedings, amendments

are also being executed to various provisions of Act No. 177 of August 1, 2003, as

amended, known as the “Comprehensive Child Well-being and Protection Act,”

which shall pursue, first of all, the minor’s welfare, and if possible, family unity.

Likewise, amendments are being executed to various Sections of Act No. 9 of

January 19, 1995, as amended, known as the “Special Legal Proceedings Act,”

formerly the Code of Civil Procedure, with the purpose of simplifying the adoption

proceedings by shortening the terms for physical custody hearings after the

Department of the Family has expended reasonable efforts in seeking the welfare

and the protection of the minor; terminating, restricting, or suspending parental

rights; instituting lawsuits; preparing a report on the expert social study; scheduling

and holding the first conference; recognizing and validating interstate and

intercountry adoptions; and establish the right of foster homes and of the adopting

parties to be heard during such processes.

This Act thus constitutes a decisive advancement in our fight, as a society,

against the abandonment, abuse, and underestimation of the self-worth of our

children. With this measure, we intend to halt the escalation of the cycle of

violence against those who are most defenseless.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

CHAPTER I

INITIAL PROVISIONS

Section 1.—Title.—

This Act shall be known and may be cited as the “Comprehensive Adoption

Proceeding Reform Act of 2009,” or by its [Spanish] acronym “RIPA.”

Section 2.—Definitions.—

For purposes of this Act, the following terms shall have the meaning stated

below, unless another meaning is clearly implied by the context:

(a) “Adoption Agreement”.—The solemn legal act whereby the pregnant

woman agrees, without there being compensation of any kind, in a document under

oath before a notary public authorized to practice his/her profession in Puerto Rico,

to continue her pregnancy to its full term and to terminate any parental rights in

order to place her newborn child for adoption; and the future adopting person or

married couple assumes the obligation to defray pregnancy-related expenses and to

adopt the newborn child, regardless of any congenital health condition of the

newborn child subject to the requirements imposed under this Act. This agreement

may be open or closed, at the choice of the parties.

(i) Open Adoption Agreement.—An adoption agreement whereby the

adopting party relates with the biological mother during her pregnancy up to

the expiration of the term for the biological mother to exercise her right to

retract.

(ii) Closed Adoption Agreement.—An adoption agreement whereby

the adopting party does not relate with the biological mother. Such

agreement shall include a confidentiality clause to that effect, under which

the Department shall maintain in strict confidentiality any information

regarding the parties, except for exclusive use by the Department in such

transactions corresponding to adoption proceedings. The Department shall

establish through regulations to such effect, any additional cost on account

of administrative expenses ensuing the Closed Adoption Agreement if

necessary.

(b) “Department”.—The Department of the Family of the Government of

Puerto Rico.

(c) “Healthcare Service Institution”.—Any institution that provides

healthcare services, as defined in Section 2 of Act No. 101 of June 26, 1965, as

amended, known as the “Healthcare Facilities Act.” It shall also include any

private facility that provides medical-gynecological, obstetrical, and family

planning services, under any applicable legislation.

(d) “Adopting Party”.—A person or a married couple recognized as such

and valid under the Puerto Rico Civil Code, as appears in the Puerto Rico

Statewide Voluntary Adoption Register, attached to the Department of the Family,

that has the intention to assume parental rights over the minor to be adopted, after

having submitted an application to that effect, evaluated by the Department as

possible candidate(s) for the adoption of a minor, subject to any provisions on

adoption established in the Puerto Rico Civil Code. The definition of Adopting

Party is also extended to individual persons and married couples that appear in the

registers of adoption agencies.

(e) “Biological Mother”.—Refers to expecting or pregnant woman who

freely and voluntarily agrees to waive all rights over her future newborn child in

favor of the adopting party, through an Adoption Agreement, subject to capability

requirements for such action.

(f) “Newborn Child”.—Any newborn child placed for adoption under an

Adoption Agreement, pursuant to the provisions of this Act.

(g) “Party”.—The adopting party, the biological mother, and the biological

father, as well as any other person who proves to have a legitimate claim of the

minor to the satisfaction of the Court.

(h) “Court”.—The Specialized Family Parts created under this Act,

attached to the General Court of Justice, Court of First Instance of Puerto Rico, to

handle transactions for the termination of parental rights, adoption, and any others

that may arise from Act No. 177 of August 1, 2003, as amended, known as the

“Comprehensive Child Well-being and Protection Act.”

(i) “Adoption Agency”.—Any public or private nonprofit institution or

organization credited, regulated, and periodically inspected by the Department of

the Family to place minors in adoptive homes. Such agencies shall be governed by

all laws that apply to the Department and by any regulations that the same may

establish to serve the best interests of minors.

(j) “Biological Father”.—The man who biologically begets the minor

through natural fertilization.

(k) “Voluntary Surrender of a Minor”.—An act whereby the biological

mother, or biological parents or those who hold the parental rights over the child,

surrender the physical custody of a newborn child or agree to relinquish and

transfer the parental rights over such child to place him/her for adoption.

(l) “Adoption”.—A solemn legal act which portends the total severance of

the legal-familial ties of a minor with his/her biological parents, and the ensuing

filiation of the minor by the Adopting Party, which has expressed its will to assume

the legal parenthood of said minor.

(m) “Candidate for Adoption”.—A minor who is the object of the adoption,

pursuant to the requirements established in the Puerto Rico Civil Code of 1930, as

amended.

(n) “Register”.—The Puerto Rico Statewide Voluntary Adoption Register,

established under this Act.

(o) “Placement Agreement”.—An agreement to provide for the terms and

conditions of placement of minors in homes approved by the Department or

adoption agencies, in order for such minors to be adopted. Such agreement shall

guarantee the rights of all parties, with special attention to the best interests of the

minor.

CHAPTER II

VOLUNTARY SURRENDER OF MINORS

Section 3.—Informational Briefing on Voluntary Adoption Agreements

during Pregnancy.—

Whenever pregnant women attend a healthcare services facility with the

purpose of terminating their pregnancy, the institution shall notify its social worker

on duty or a professional in the fields of healthcare and social welfare, in order to

inform such women on the option of voluntary adoption as one of the alternatives

available to handle unwanted pregnancies.

This informational briefing shall be offered to such women, who shall

receive the same freely, voluntarily, and free of charge, pursuant to any such

regulations on this matter as may be adopted by the Department, while

guaranteeing the rights that protect pregnant women.

In the event that such pregnant women agree to receive the aforementioned

informational briefing, upon completion thereof, the social worker or the

professional in the fields of healthcare and social welfare shall ask them whether

they are willing to enter into an agreement to voluntarily surrender the newborn

child to be placed for adoption.

If they should agree, the social worker shall immediately notify such

decision to the Department, which shall be in charge of carrying out any

corresponding transactions to initiate the process by establishing an Adoption

Agreement, whether by the Department or through any adoption agency as defined

in this Act. Such adoption agreement shall be entered into freely and voluntarily,

without compensation of any kind.

As part of such transactions, the biological mother shall certify that she has

been briefed on the alternative of adoption by voluntary surrender of the child, and

that at no time has she been coerced or intimidated in order to agree to such

adoption.

Section 4.—Adoption Agreement Requirements during Pregnancy.—

The adoption agreement shall be executed, subject to the following

requirements:

1. The agreement shall establish who shall be responsible for paying any

pregnancy-related expenses authorized under this Act, which shall be understood

to be medical, hospital, and nursing expenses; medications; lodging or traveling

expenses if necessary during pregnancy and up to six (6) weeks after giving birth.

These expenses may include any psychological or psychiatric counseling as

required by the biological mother, as a result of placing her newborn child for

adoption, as well as any others, provided these are not contrary to the provisions of

this Act, or morals or the public order. This responsibility shall only cover

expenses not covered by the health insurance plan of the biological mother, be it

private or provided by the Government of Puerto Rico. Should the biological

mother not have a health insurance plan, the Government of Puerto Rico, pursuant

to the public policy established in this Act which seeks to foster adoption in Puerto

Rico, shall provide the biological mother with a health insurance plan through the

Puerto Rico Health Insurance Administration, as created by Act No. 72 of

September 7, 1993, as amended, known as the “Puerto Rico Health Insurance

Administration Act.” Such coverage shall be in effect during the term established

in this subsection.

2. There shall be a statement of the intent of the Adopting Party to adopt the

newborn child and to assume all the responsibilities which ensue from this Act,

regardless of any health condition with which the newborn child has been born.

3. There shall be a statement of the intent of the biological mother to

terminate her parental rights in favor of the Adopting Party, subject to her right to

rescind the Adoption Agreement.

4. There shall be a statement indicating that the biological mother

understands and agrees to the fact that she is aware that the Department or an

adoption agency shall assume legal and physical custody of the newborn child,

as provided by law, if the Adopting Party should not complete the process for any

reason.

5. The Adopting Party shall make a statement acknowledging that the

biological mother may terminate the Adoption Agreement and rescind her from

consent to place her newborn child for adoption within seven (7) days following

the birth of the child. Such term shall be understood as extended if, for any reason,

the biological mother loses consciousness or if her decision-making capabilities are

impaired after giving birth. Such loss of consciousness or impairment of

capabilities shall be certified by a duly credited physician. If the biological mother

should exercise her right to rescind, she shall be under the obligation to restitute

the Adopting Party any expenses incurred pursuant to the Agreement. Provided,

further, that in such event, neither the Department nor the adoption agency,

respectively, shall be responsible for restituting such expenses.

6. In cases in which the biological mother or the biological father is a minor

and is not emancipated pursuant to the body of laws in effect, his/her parents or

guardians shall provide him/her with the legal capacity to give consent in order to

meet the consent requirements established in this Act.

7. There shall be a statement attesting to the compliance with the provisions

regarding the opportunity that shall be given to the biological father to claim his

rights over the child, pursuant to that which is stated in this Act.

8. The Adoption Agreement may be open or closed, at the choice of the

parties. The Department or the Adoption Agency, as the case may be, shall

instruct the parties about these alternatives:

i. Open Adoption Agreement.—An adoption agreement whereby the

Adopting Party relates with the biological mother during her pregnancy up

to the expiration of the term for the biological mother to exercise her right to

rescind. After such term, the Department shall maintain in strict

confidentiality any information regarding the parties, except for exclusive

use by the Department in such transactions corresponding to adoption

proceedings, subject to the provisions of Chapter III, Section 14 of this Act,

on the matter of the right of adopting parties to access confidential data on

the Register.

ii. Closed Adoption Agreement.—An adoption agreement whereby the

Adopting Party does not relate with the biological mother. Such agreement

shall include a confidentiality clause to that effect, under which the

Department shall maintain in strict confidentiality any information regarding

the parties, except for exclusive use by the Department in such transactions

corresponding to adoption proceedings, subject to the provisions of Chapter

III, Section 14 of this Act, on the matter of the right of the candidate for

adoption to access confidential data on the Register.

Section 5.—Responsibilities of the Biological Mother.—

Any biological mother who agrees to execute an adoption agreement shall

also be bound by the following obligations:

1. Undergo medical evaluations and treatments, which shall meet the

standards and methods acceptable in the medical practice.

2. Follow all medical recommendations concerning her prenatal care, as

well as any medical recommendations to ensure her good health.

3. Provide the Department with information regarding her personal and

family health history and on any medical, psychological or psychiatric evaluation

available at the time of adoption. Such information shall be confidential in nature

and be used with the purpose of evaluating the willingness involving the process

and any possible explanations concerning the health of the adoptee.

4. Provide all information available concerning the identity of the biological

father.

Section 6.—Limitations on the Adoption Agreement.—

Any adoption agreement shall be null if such agreement in any manner:

(1) Authorizes the surrender of the newborn child without the review and

approval of the agreement by the Department, except in the case of adoption

agencies, which shall notify the Department of any surrender of any child within a

period not greater than twenty-four (24) hours.

(2) Does not comply or intends not to comply with other applicable

provisions of law or regulations promulgated by the Department.

(3) Limits or intends to limit the right of the biological mother to rescind

her consent to place her child for adoption.

(4) Is subject to payment of any compensation, whether in cash or in kind,

except for expenses agreed on by the parties pursuant to the provisions of this Act.

Section 7.—Solemnity of the Adoption Agreement.—

The adoption agreement shall be executed before such official as the

Department may designate by regulation. Furthermore, any formal requirements

that shall govern the adoption agreement shall be established by regulation. In the

event that the agreement is entered into at an adoption agency, the same shall be

executed before a notary public.

Section 8.—Supervision.—

The entire process, from conversations held to reach an agreement to the

time of the adoption, shall be supervised by officials of the Department or by the

adoption agencies that are duly licensed and supervised by the Department.

Section 9.—Rulemaking Authority.—

The Department shall adopt, within a term of thirty (30) days counted from

the date of effectiveness of this Act, any such regulations as necessary to fulfill the

objectives of this Act. Such regulations shall address, not to be construed as a

limitation, the following issues:

1. The forms to which adoption agreements and voluntary surrenders of a

minor shall be subject.

2. Streamlining and expediting of proceedings as necessary in order for the

Department and the bodies that are a part of the adoption process to fully and

diligently meet the objectives of this Act.

3. The guarantees on confidentiality of the parties in such process.

4. The management, custody, conservation, and destination of records.

5. The contents of the informational briefing for biological mothers and

biological fathers on the matter of voluntarily placing their minor for adoption

pursuant to that which is established in this Act.

6. The adoption of regulations, or in default thereof, the amendment of

existing regulations to establish the procedure to be followed by the Department in

favor of adopting parents, to initiate the application process and solicitation of

Federal and/or Commonwealth benefits for minors with special needs or any

benefits that the adoptee may receive for any physical or health condition or for

any other reason. It being understood that the Department shall be responsible, in

this initial stage, for providing assistance to adopting parties in transactions

established to such ends. Once the minor has been adopted, the adopting parties

shall be responsible for meeting the necessary requirements on an ongoing basis in

order to continue to receive such benefits.

7. The adoption of regulations, or in default thereof, the amendment of

existing regulations to establish the procedure to be followed by the Department in

the transfer of the record on the Federal and/or Commonwealth benefits to which

the adoptee is entitled, on behalf of the adopting parents, so that they may continue

to receive such benefits without having to engage in new transactions to solicit

such benefits again. In such cases, when laws and regulations so allow, the number

or the classification of the record shall not be altered, with the purpose of

reassigning such record to the name of the adoptive parents; in addition, continuity

in services shall be preserved, without eliminating, suspending or delaying such

benefits.

Section 10.—Approval of Forms.—

The Department shall adopt, in collaboration with adoption agencies, the

necessary forms to transact the adoption agreement and the voluntary surrender of

the minor. Likewise, in coordination with representatives from the Department of

Health, the Department shall adopt any forms needed to gather information on the

personal and family health history of the biological mother, pursuant to the

provisions of this Act.

Section 11.—Interagency Support.—

The Secretary of the Department of Health shall designate his/her

representatives, who shall be present in the course of the process of preparing the

Regulation, with the purpose of ensuring that such medical or health issues which

could arise during pregnancy, labor or after labor, are addressed.

Likewise, the Department of the Family, the Department of Health, and

public and private nonprofit adoption agencies, shall, by virtue of an adoption task

force, meet periodically to create and supervise mechanisms to keep abreast of new

developments on the matters of adoption.

The Department, in coordination with the Department of Health, shall adopt

a sign, to be placed by healthcare services institutions in a visible place to inform

the option of voluntarily placing minors for adoption, the modalities therefor and

the legal consequences of such action.

Section 12.—Special Provision for the Biological Father.—

The Department shall be under the obligation to notify the Court of the

identity of the biological father if known, and in turn, the Department shall notify

the alleged biological father of the adoption proceedings.

The Department shall use any Commonwealth’s resources available, to try to

locate the biological father, be it through public notice or any other appropriate

method, to afford the biological father due process of law.

In the event that the biological father is unknown, the Department shall be

under the obligation to attest before the Court to any efforts expended to identify

such biological father.

The biological father shall have a term of thirty (30) days as of the date of

notice to present his position regarding the adoption process in progress.

Provided, that the father may request within such term that the Court order a

paternity test before he is able to determine whether he agrees to the adoption

process.

When the biological father of the newborn child files a written objection to

the voluntary adoption process instituted by the biological mother, such proceeding

shall be subject to the provisions of Act No. 9 of January 19, 1995, as amended,

entitled “Special Legal Proceedings Act,” as amended, formerly the Code of Civil

Procedure. If in the course of such proceeding the adopting party has incurred any

cost provided for in this Act in relation to the adoption process, the biological

father shall be responsible for reimbursing such costs, should he lose in the lawsuit.

Section 13.—Safe Shelter.—

It is the public policy of the Government of Puerto Rico to promote the

establishment of a system whereby a mother may, before considering the

possibility of abandoning her newborn child, surrender her child at a public or

private hospital, as defined in Section 2 of Act No. 101 of June 26, 1965, as

amended, known as the “Health Facilities Act,” in confidentiality, without harm

and without fear of being arrested, prosecuted or tried, before seventy-two (72)

hours have elapsed from the time of birth of the child, insofar as such newborn

child does not present any signs of abuse or mistreatment. Otherwise, the hospital

shall activate the existing protocol followed in child abuse cases.

Any mother who surrenders her child seventy-two (72) hours after the time

of birth of the child or before, shall not be guilty of the crime of abandonment of a

child as established in Article 132 of Act No. 149 of June 18, 2004, as amended,

known as the “Penal Code of Puerto Rico,” if she surrenders her newborn child

voluntarily at a public or a private hospital. The newborn child shall be handed

over to the personnel detailed to the public or private hospital, which personnel

shall be under the obligation to receive physical custody of the newborn child and

contact the Department immediately. The Department shall be under the

obligation to institute the adoption proceedings immediately.

The mother of the newborn child shall be required to fill out a form on the

medical history of the newborn child. Such form shall not include information

which may compromise the confidentiality of the mother. If she should refuse to

fill out such form, such refusal shall not constitute an impediment for the hospital

to receive the newborn child.

The Department, within thirty (30) days from the date of approval of this

Act, shall promulgate regulations whereby it shall establish the protocol to be

followed once the newborn child is under the physical custody of the public or

private hospital.

CHAPTER III

STATEWIDE VOLUNTARY ADOPTION REGISTER

(R.E.V.A., Spanish acronym)

Section 14.—Creation and Contents of the Register.—

The Department shall establish an electronic register, to be called the

“Puerto Rico Statewide Voluntary Adoption Register,” which shall also be known

by its [Spanish] acronym, R.E.V.A., in which the names of all minors intended for

permanent adoption shall be recorded, as well as the names of the adopting parties,

together with updated and accurate information to identify them, as required by

regulations approved to such effect. The Register shall include:

1. A list of all minors intended for permanent adoption whose legal custody

has not been yet severed.

2. A list of all minors intended for permanent adoption whose legal custody

has been terminated.

3. A list of all adopting parties who wish to adopt, sorted in chronological

order of their applications.

4. A list of all adopting parties with a favorable expert social study, sorted

in chronological order of such studies.

The Register shall give priority to such adopting parties who have submitted

their application for adoption and/or obtained a favorable social study before the

effective date of this Act. Any person who wishes to be included in the Register

shall fill out a form, to be prepared by the Department to such effect. The

Department shall ascertain, with respect to candidates, their compliance with the

applicable legal and regulatory requirements for adoption in Puerto Rico, and such

others as pertinent to expedite completion of the adoption process. The Department

shall evaluate such candidates in light of the governing criterion of serving the best

interests of the minor, giving priority to adopting parties constituted by married

couples as defined by the Puerto Rico Civil Code.

The Register shall be organized so as to provide candidates for adoption

with the opportunity to be adopted anywhere in the Island, regardless of the region

to which the adopting parties may belong. The R.E.V.A. shall be the only Register

in existence in Puerto Rico.

Any person adopted after the date of approval of this Act shall be entitled to

access confidential data on the Register concerning his/her adoption once he/she

attains legal age. However, he/she shall only be granted access to such information

as strictly necessary to guarantee his/her right to contact his/her biological parents.

Section 15.—Confidentiality; Access to the Puerto Rico Statewide

Voluntary Adoption Register.—

The Puerto Rico Statewide Voluntary Adoption Register shall be

confidential in nature and shall only be accessible to those agencies concerned or

any person by order from a competent court to such effect.

Section 16.—Rulemaking Authority.—

The Department shall adopt or amend regulations as necessary or convenient

for the Register to operate properly, within thirty (30) days following the date of

approval of this Act. Such regulations shall meet all applicable Commonwealth

and Federal legal and regulatory standards.

Regulatory provisions shall include the creation of a training course for

adopting parties on the legal consequences and the responsibilities entailed by

being part of an adoptive family, and the creation of a training course for social

workers on the standards and terms provided for in this Act.

Section 17.—The Department shall render, no later than March 1st of each

year, a report to the Legislature and the Governor of Puerto Rico, in which the

Department shall record all matters pertaining to the operations of the Register for

the previous calendar year, and which report shall include, among other data,

detailed information on the number of adopting fathers or mothers and candidates

for adoption, together with adoption cases pending and completed.

Section 18.—Transfer of Existing Registers.—

Any adoption register in existence in the Department of the Family on the

date of approval of this Act shall become a part of this new Register, but the same

shall be implemented pursuant to the provisions hereunder.

Section 19.—Adoption Agencies.—

The provisions of this Act pertaining to the Puerto Rico Statewide Voluntary

Adoption Register shall not apply to adoption agencies duly certified as such by

the Department, which may institute adoption proceedings, subject to their own

registers of eligible candidates. The Department shall regulate, oversee, and

periodically inspect adoption agencies with the purpose of safeguarding the best

interests of the minors.

CHAPTER IV

ADOPTION PROCEEDINGS FOR MINORS

RELEASED FROM PARENTAL RIGHTS

Section 20.—Voluntary Adoption Transactions; Voluntary Surrender of

Minors.—

The father, mother or any such person who holds the parental rights over a

minor may voluntarily surrender to the Department the custody of such minor so

that he/she may be placed for adoption, after having relinquished his/her parental

rights to the minor. Such waiver shall be recorded on a document under oath

before a notary public in the presence of a witness, attesting to the fact that he/she

is relinquishing his/her parental rights and that he/she agrees to have the minor

placed for adoption. Such relinquishment may be rendered ineffective within

fifteen (15) days following the date the document was executed.

Section 21.—Adoption Proceedings for Minors Released from Parental

Rights.—

In cases in which a minor has been released from parental rights, the

Department may institute proceedings before the Court for the adoption of the

minor, subject to compliance with procedural guarantees as necessary in order for

such minor to be placed in an adoptive home duly credited by the Department, as

soon as practicable.

The Department shall regulate and issue policies as necessary to guarantee

expeditiousness in such transactions and in keeping with the best interests of the

minor.

CHAPTER V

PLACEMENT OF MINORS WITH ADOPTING PARTIES

Section 22.—The Department shall diligently promote the termination of the

parental rights from biological parents or from the party who holds such custody,

in all cases in which the minor is intended for permanent adoption. Once the

Department assumes parental rights over the minor, the Department or the

adoption agency duly licensed by the Department shall execute a placement

agreement prior to terminating parental rights over the minor from his/her

biological parents or the party who holds such custody. In such cases, the

placement agreement shall set forth that the relinquishment of parental rights over

the minor from his/her biological parents has not yet taken place.

Immediately after the placement agreement has been executed, the

Department, the adoption agency or the adopting party shall institute adoption

proceedings, pursuant to the provisions of Act No. 9 of January 19, 1995, as

amended. For such purpose, the Department or the adoption agency shall

expeditiously render a report on the expert social study to the Court in order to

award the petition. Only expert social studies with over one (1) year of

effectiveness shall be updated. The Department or adoption agency shall

immediately notify the adopting party of any proceedings instituted in relation to

the minor, to which the adopting party is not a party.

Regarding Adoption Agreements executed during pregnancy, the

Department shall exercise due diligence to identify the biological father and to

notify him of his rights, pursuant to that which is established in this Act. The

Department shall assume parental rights over the minor as of the date of his/her

birth. The placement of the minor shall be carried out pursuant to the adoption

agreement executed with the adopting party. After the seven (7)-day rescission

term has elapsed, the Department, the adoption agency or the adopting party

shall institute adoption proceedings pursuant to the provisions of Act No. 9 of

January 19, 1995, as amended. For such purpose, the Department or the adoption

agency shall expeditiously render a report on the expert social study to the Court in

order to award the petition. Only expert social studies with over one year of

effectiveness shall be updated. The Department or adoption agency shall

immediately notify the adopting party of any proceedings instituted in relation to

the minor, to which the adopting party is not a party.

As for instances of Voluntary Surrender of a Minor, the Department shall

assume parental rights upon execution of the agreement. The Department shall

exercise due diligence in identifying the recorded father or mother who has not

agreed to surrender such minor and notify him/her of his/her rights, pursuant to

that which is established in this Act. After the fifteen (15)-day rescission term has

elapsed, the Department, the adoption agency or the adopting party may execute a

placement agreement. Subsequently, any of the above may initiate adoption

proceedings pursuant to the provisions of Act No. 9 of January 19, 1995, as

amended. For such purpose, the Department or the adoption agency shall

expeditiously render a report on the expert social study on the adopting party.

Only expert social studies with over one year of effectiveness shall be updated.

The Department or adoption agency shall immediately notify the adopting party of

any proceedings instituted in relation to the minor, to which the adopting party is

not a party.

Adopting parties who have executed an adoption agreement or a placement

agreement with the Department may:

1. File a petition for adoption pursuant to that which is established in

Act No. 9 of January 19, 1995, as amended.

2. Intervene as a party in any proceedings concerning the minor, such as

actions for filiation and contest of termination of parental rights, among others. To

such effect, they may present expert proof, among others.

3. Request the consolidation of other court proceedings concerning the

minor together with the court proceedings for adoption.

CHAPTER VI

TRANSITORY PROVISIONS

Section 23.—The fifth paragraph of Section 3 of Act No. 177 of August 1,

2003, as amended, is hereby amended to read as follows:

“Section 3.—Public Policy.—

Therefore, we declare to be the public policy of the Government of Puerto

Rico to guarantee the best interests and the comprehensive protection and well-

being of minors and adolescents, and that in discharging the duty to guarantee this

well-being, we must provide opportunities and make a reasonable effort to

preserve family and community ties, when this is not to the detriment of minors.

Furthermore, when removal has been necessary for protection purposes, the

opportunity to reunite the minor with his/her family must be facilitated, provided

that it is in the minor’s best interests. This procedure shall in no way compromise

the wellbeing of the minor, which is the fundamental principle underlying the rules

established hereunder.”

Section 24.—Section 39 of Act No. 177 of August 1, 2003, as amended,

is hereby amended to read as follows:

“Section 39.—Temporary Custody; Hearings.—

If after considering the evidence introduced during the hearing on its merits,

which shall take place within fifteen (15) days following the decision, the

corresponding part of the Court of First Instance of Puerto Rico finds that the

circumstances which caused the removal and emergency custody still exist, or that

other conditions that require said action exist, said Court shall award temporary

custody to the Department and schedule a follow-up hearing.

…”

Section 25.—A third paragraph is hereby added to Section 41 of Act No.

177 of August 1, 2003, as amended, to read as follows:

“Section 41.—Follow-up Hearing; Progress Reports.—

…

…

In addition to what is provided in this Section, the Court shall schedule a

follow-up hearing within six (6) months as of the date of having awarded

temporary custody of the minor. In said follow-up hearing, the judge shall

determine whether the family, father, mother or person in charge of the minor is

expending reasonable efforts as required under this Act to achieve family

reunification. If such is the case, the judge shall provide the family, father, mother

or person in charge of the minor a term not greater than three (3) months to

continue receiving services based on the Permanent Placement Plan to attempt

family reunification. However, if in said hearing the Department certifies and

proves to the judge that the family, father, mother or person in charge of the minor

shall not comply with the Permanent Placement Plan previously established or

does not wish to carry on with the Permanent Placement Plan, the judge shall

convert the follow-up hearing, established in this Section, into a final ruling

hearing, pursuant to Section 42 of this Act.”

Section 26.—Section 42 of Act No. 177 of August 1, 2003, as amended, is

hereby amended to read as follows:

“Section 42.—Final Ruling Hearing.—

The Court must hold a ruling hearing within a period that shall not exceed

twelve (12) months after having awarded temporary custody of the minor.

…”



“Section 47.—Right of Foster Homes and Adopting Parties.—

Any person in charge of a foster home or who has a minor in his/her care for

a period greater than six (6) months, and any adopting party who has executed a

placement agreement concerning such minor, may be heard, in the discretion of the

Court, in any proceeding for the protection of a minor who lives or has lived in the

home of the former, so that the former may contribute evidence on the physical,

emotional, mental or sexual state of the minor while in their care, but the former

shall not be deemed to be a party thereto. The Court shall make a determination

with regard to the request, taking into account the best interests of the minor.”



“Section 50.—Reasonable Efforts.—

Except as provided below in this Section, reasonable efforts shall be made to

ensure the well-being and full protection of the minor and to preserve the integrity

of the family prior to the removal of a minor from his/her home. The family

reunification process shall be carried out insofar as it is not inconsistent with or

detrimental to the wellbeing of the minor. Personnel of the Department shall make

use of resources for the support of individuals, families, and the community,

as well as internal and external resources of the Department and other public and

non-governmental agencies, to improve the living conditions of families that may

endanger the life and safety of a minor. After removing a minor from his/her

home, reasonable efforts shall be made to reunite the minor with his/her family for

a period that shall not exceed six (6) months. This term shall be strictly observed

and may only be extended for just cause at the discretion of the judge. Moreover,

support services shall continue once the minor is permanently placed.

(1) …

(2) …

(3) …

(a) The efforts to change the behavior of the father, mother or person

in charge of the minor have been unsuccessful after six (6) months of having

initiated the service plan, according to the evidence presented in the case.

(b) …

(c) …

(d) …

(e) …

(f) …

(g) …

(h) …

(i) When a healthcare professional certifies that the father and/or

mother or person in charge of the minor is afflicted by chronic abuse of a

controlled substance that prevents the return of the minor to the custody of

any of the former within a period of six (6) months after having initiated the

proceedings.

In those cases in which the Court determines, pursuant to the guidelines set

forth in this Act, that no reasonable efforts shall be made, a permanent placement

hearing shall be held for the minor within fifteen (15) days following such

decision.”



“Section 52.—Termination, Restriction, and Suspension of Parental

Rights.—

In any proceeding initiated to protect a minor who has been the victim of

abuse and/or neglect, as defined in this Act, or when the circumstances described

in Section 166-B of the Puerto Rico Civil Code are present, the Department may

petition, through a written motion, for the termination, restriction or suspension of

parental rights over the father or mother of those minors under legal or physical

custody of the Department, without having to initiate a termination suit. In such

cases, a hearing must be compulsorily held, to be conducted within a term of not

more than fifteen (15) days from the notice of the petition for termination,

restriction or suspension of parental rights. In said motion, the parties shall be

notified of their right to legal counsel. The father and/or mother may only

relinquish his/her parental rights pursuant to the provisions of Section 53(a).”



“Section 53.—Parental Rights; Petition for Termination.—

The Department may initiate a proceeding for the termination, restriction or

suspension of parental rights under any of the following circumstances:

(a) …

(b) When a minor has remained in a foster or substitute home for six (6)

months, provided the Department has rendered services according to the permanent

placement plan that has been established so the minor may return to his/her home.

(c) …

(d) When the Court determines, pursuant to the requirements set forth in

this Act, that the father and/or mother is unwilling or unable to assume

responsibility and protect the minor from risks to his/her health and physical,

mental, emotional and/or sexual integrity, and that such circumstances will not

change within a period of six (6) months after having initiated the proceedings

according to the hearing presented in the case.

(e) …

(f) …

(g) …”



“Section 54.—Contents of the Petition.—

A petition for termination of parental rights must be made under oath and

shall include at least the following:

…

At the time the petition is filed, the Court shall set a date within the

following ten (10) days for holding the hearing, which shall not be suspended

except for just cause. Furthermore, at the time the petition is filed, the parties shall

be notified of their right to not be deprived of their parental rights without being

assisted by an attorney. If the respondent fails to appear or fails to justify his/her

nonappearance, the Court shall find him/her in default and may pronounce

judgment without further summons or hearing. Moreover, the proceedings for the

termination of parental rights may be conducted simultaneously with adoption

proceedings, as provided in Act No. 9 of January 19, 1995, as amended, known as

the ‘Special Legal Proceedings Act.’ Once the termination of parental rights

becomes final and binding, the Department may immediately institute adoption

proceedings.”



“Section 55.—Appeals.—

Any of the parties may file an appeal before the Puerto Rico Court of

Appeals, in the corresponding judicial region, petitioning for review by appealing

the sentence of termination of parental rights issued by the Court of First Instance

of Puerto Rico. The appeal must be filed within thirty (30) days following the

decision of the Court. However, the filing of an appeal shall not render the

decision made by the Court of First Instance ineffective.”

Section 33.—Section 612 of Act No. 9 of January 19, 1995, as amended, is


“Section 612.—Public Policy Statement.—

With regard to the welfare of the adoptee, it is hereby provided that adoption

proceedings be made expeditious and flexible, as well as confidential, in order to

protect the constitutional right to privacy of the parties. The confidentiality of

adoption proceedings, and in some cases, the identity of the adopting parents, is

intimately linked to the welfare and convenience of the candidate for adoption. On

the matter of adoption, the public policy is as follows:

(1) …

(2) To facilitate adoption proceedings in the most liberal and the

broadest way possible within the legal system in force in Puerto Rico, by

providing for simple, straightforward, and expeditious proceedings whose

transactions shall not exceed a total of seventy-five (75) from their

beginning to their final resolution, and to furthermore substantially

simplify and liberalize the legal requirements for issuing adoption decrees.

(3) …

It is the responsibility of the Department of the Family or the adoption

agency to carry out the corresponding expert social study so that the Courts may

exercise their power as parens patriae in pursuit of the welfare and convenience of

candidates for adoption. In every case in which a petition for adoption is filed, the

Department of the Family or the adoption agency shall be requested to undertake

an expert social evaluation. The Court shall make a determination to such effect

according to the specific circumstances of the case, taking into consideration the

recommendations of the report on the expert study, but such action shall not

constitute a limitation on its authority to decide on the adoption.”

Section 34.—Section 612A of Act No. 9 of January 19, 1995, as amended, is


“Section 612A.—Proceedings.—

Adoption proceedings shall be expeditious and flexible and shall be

conducted to their completion within a maximum term of seventy-five (75) days

from the time the petition for adoption is filed to its final resolution.”

Section 35.—Section 612B of Act No. 9 of January 19, 1995, as amended, is


“Section 612B.—Contents of the Petition.—

The petitioner shall file an adoption petition, under oath, with the

Specialized Family Part of the Court of First Instance of Puerto Rico

corresponding to the place of residence of the adopting party. Said petition shall

contain the following:

(1) …

The petition for adoption shall be filed under oath with the

Specialized Family Part of the Court of First Instance of Puerto Rico

corresponding to the place of residence of the minor, and it shall contain the

following:

(a) …

(2) Adoption proceedings may be conducted simultaneously with any

other court proceedings concerning the minor. Such proceedings may also

be conducted at the same time when deciding over several candidates for

adoption with the same parents.”

Section 36.—Section 613B of Act No. 9 of January 19, 1995, as amended, is


“Section 613B.—Report on Expert Social Study.—

The Department of the Family, or any private adoption agency duly licensed

by the Department, shall render a report on the expert social study to the Court for

the adjudication of any petition for the adoption of a minor or disabled person.

1. …

2. Term for Rendering the Report.—The report on the expert social study

must be filed within a maximum term of thirty (30) days from the date of the

notice of the petition.

3. …

4. …

5. …”

Section 37.—Section 613D of Act No. 9 of January 19, 1995, as amended, is


“Section 613D.—Scheduling and Holding of the First Appearance.—

The Court shall summon the parties for their first appearance, which must

take place within thirty (30) days after the Department of the Family has been

notified of the petition for adoption. Once the interested parties have been notified

or subpoenaed to attend the hearing for the first appearance, they shall be

admonished that should they fail to appear, the Court may decree the adoption

without further summons or hearing.

…”

Section 38.—Section 613O of Act No. 9 of January 19, 1995, as amended, is


“Section 613O.—Term of Expiration.—

The court action on the voidableness of the adoption decree must be

instituted before the expiration of the term of six (6) months from the date the

adoption decree becomes final and binding.

Section 39.—A new Section 613Q is hereby added to Act No. 9 of

January 19, 1995, as amended, to read as follows:

“Section 613Q.—Recognition and Validation of Interstate and Intercountry

Adoptions.—

The interstate or intercountry adoption of a minor by a resident of

Puerto Rico shall be recognized and validated by adoption decree in Puerto Rico.

Such adoption cannot be contrary to the body of laws of Puerto Rico or violate the

fundamental principles of human rights. Once the adoptee is in Puerto Rico, the

adopting party shall file a Petition for Recognition and Validation of Adoption

under oath at the Part of the Court of First Instance that corresponds to the place of

residence of the adopting party, in which the following shall be recorded:

a. The name(s) of the adopting party, age, occupation, civil status, place of

residence, address, and telephone number.

b. The original name and place of birth of the minor.

c. The place of adoption and a description of the circumstances which led to

the adoption, and

d. The new name of the minor and his/her age.

The petition shall include the following documents, which shall constitute

sufficient proof of the legitimacy of the transaction in the State, territory or foreign

country:

a. A certification of executive order, deed, judgment or decree of adoption

issued by the State, territory or foreign country, and if necessary, a certified

translation thereof.

b. An original or a certified copy of the document attesting to the birth of

the minor issued by the state, territory or foreign country, and if necessary, a

certified translation thereof.

c. In the case of foreign adoption, a certification of the authorization by the

Federal Government to admit the adoptee into American ground, evidence of

which may be the certificate of citizenship, a permanent residence visa or the U. S.

passport of the minor.

d. A report on the expert social study conducted for interstate or foreign

adoption duly certified by a licensed social worker.

The Court, after having confirmed the authenticity of such documents, and

after having evaluated the same, shall rule for the petition for adoption, in which

case, the Court shall issue an adoption decree. Registration of the adoptee in the

special register of the Vital Statistics Registry shall be executed pursuant to that

which is prescribed by law on the matter of persons born outside of Puerto Rico

and by the Puerto Rico Vital Statistics Registry Act.

The provisions of this Section shall also apply to interstate and intercountry

adoptions in the course of transacting validation and recognition, as of the effective

date of this Act.

As for the validation and recognition of interstate and intercountry adoptions

provided for in this Section, proceedings shall be conducted within a term not

greater than ninety (90) days from the date of having filed the Petition for

Validation and Recognition.”

Section 40.—Section 5.005 of Act No. 201 of August 22, 2003, as amended,

known as the “Judiciary Act of the Commonwealth of Puerto Rico of 2003,” is


“Section 5.005.—Seats and Courtrooms; Sessions; Jurors.—

…

Jurors for the several courtrooms shall be selected from the same

municipalities that comprise the corresponding Judiciary Regions.

In cases involving the termination of parental rights, adoption, and any

others arising from Act No. 177 of August 1, 2003, as amended, known as the

‘Comprehensive Child Well-being and Protection Act,’ shall be heard in a

courtroom especially designated to hear such cases.”

Section 41.—Severability Clause.—

If any clause, paragraph, subparagraph, article, provision, section or part of

this Act should be voided or found to be unconstitutional, the ruling to such effect

shall not affect, impair or invalidate the remainder of the Act. The effect of such

ruling shall be limited to the clause, paragraph, subparagraph, article, provision,

section or part thereof thus voided or found to be unconstitutional.

Section 42.—This Act shall take effect thirty (30) days as of its approval.

CERTIFICATION I hereby certify to the Secretary of State that the following Act No. 186 (H. B. 1657)

(Conference) of the 2nd Session of the 16th

Legislature of Puerto Rico:

AN ACT to establish the “Comprehensive Adoption Proceedings Reform Act of 2009,” in order to modernize and streamline adoption proceedings in Puerto Rico; to institute a diligent and expeditious adoption proceeding, whereby mothers with unwanted viable pregnancies, shall be provided with the option to continue such pregnancies; to provide that the Secretary of the Department of the Family shall adopt the necessary regulations to implement programs that facilitate adoption; to set forth the public policy of the Government of Puerto Rico on the matter of the establishment of a Safe Shelter system; etc.

has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, on the 18th

day of February, 2011.

María del Mar Ortiz Rivera, Esq.

Director

AN ACT - Oficina de Servicios LegislativosH. B. 1657) (Conference) (No. 186) (Approved December 18,...

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Transcript of AN ACT - Oficina de Servicios LegislativosH. B. 1657) (Conference) (No. 186) (Approved December 18,...