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International adoption of minors: the case of non-State Parties to the Hague Convention

Some same-sex couples may be interested in international adoption of a child. In this blog we analyze the criteria that the Second Chamber of the Supreme Court of Justice issued regarding adoptions in which the minor is from a country that is not a signatory to the Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption (Hague Convention).

In judgment 403-2022, the Chamber heard a request for recognition of an international adoption of a minor from Guinea-Bissau, which is not a signatory to the Hague Convention. This Convention is applied by the Chamber to rule on the recognition of international adoptions.

In the specific case, the Supreme Court held that even when the adoption of the minor had not followed the rules of the Hague Convention in the country of origin, the particular circumstances allowed recognition of this adoption. In particular, the Chamber took into consideration that the authorities of the country of origin granted the adoption with the authorization of the biological parents, that the authorities of the country of origin assessed the suitability of the adopters and that, according to the PANI report, the child was in “excellent condition in all areas” with her adoptive parents. The Supreme Court also considered that in the specific case there was no impediment under article 107 of the Family Code, nor violation of articles 100, 102, 103 and 109 of the same law.

Ruling 403-2022 could be applied in similar cases in which the procedure established by the Hague Convention has not been followed. However, the conclusion of the Supreme Court could be different in cases in which there is a violation of public order provisions or in which it is necessary for the best interest of the child.

At CELIG we provide specialized services to the LGBTQI+ community. If you want more information or make an appointment with us, call us at 4800-0248 or write to info@celigcr.com.

We are located in San José, Barrio Escalante.

M.Sc. Ana Isabel Sibaja Rojas

CELIG – Center for Equal Litigation