THE ADOPTION PROCESS IN PANAMA

The adoption is an institution of legal and social order that seeks family integration and protection, constituted in favor of the son or daughter that is not by consanguinity. This institution is established in attention to the superior interest of the minor to be adopted.

In Panama the adoption proceeds in the following cases:
- When a boy or a girl is orphaned of father and mother.
- When children have unknown parents.
- Those that have father and mother, or just one of them, whenever the consent of these mediates.
- Children at social risk, survivors of mistreatment, abuse and other illicit situations on the part of both parents, and that this situation has been judicially verified and that they do not have any family support.
- Disable children without family support.

Two competent authorities exist to define and to decide on an adoption in Panama. Initially, the administrative authority that knows the Petition for Adoption is the National Direction of Adoptions of the Ministry of Social Development of Panama, which by law is constituted in the CENTRAL AUTHORITY in the matter of Adoption. Who decides judicially the adoption are the Judges of Childhood and Adolescence of the Judicial System of Panama.

In order to begin the adoption proceedings, each of the requirements established in the article 297-A of the Law No.18 of 2001, that is the law that regulates the adoptions, must be fulfilled. All the documentation must be presented through an attorney, before the National Direction of Adoptions of the Ministry of Social Development. The requirements are the following ones:

1. Power of attorney and petition for adoption through an attorney, for it the petitioners must provide all their complete generals, full names, passport numbers, home address, occupation or profession, civil status, etc. This is required for the preparation of the Power of Attorney that grants full powers as legal representative to carry out the respective proceedings.

2. Socioeconomic and psychological studies made by a state or private institution. If the adoption is requested by nationals from Panama, the socioeconomic evaluations are made by social work professional and psychological evaluations, by a qualified professional in psychology that practices at a private level or that works in a public institution.

When the adoption is international, the prospective adoptive parents must send to the attorney the socioeconomic and psychological evaluations that have been made by a qualified professional in the country of residence of the petitioners.

These evaluations are usually made the assistance of an adoption agency of the state where the petitioners live, they provide a social worker, a psychologist, a doctor, who make the evaluations, or the respective evaluations can be made in public health institutions.

3. Criminal records of each prospective adoptive parent.

4. Medical certificate of good physical and mental health of each prospective adoptive parent sent by a public health institution.

5. Employment certificate with indication of the position, salary, seniority, etc. Otherwise, authenticated copies of the two last declarations of rent or banking references are admitted.

6. Birth certificate of each prospective adoptive parent, and if appropriate, Marriage Certificate.

7. Two Sworn Extrajudicial Declarations of people who know the prospective adoptive parents. These are made before Public Notary, with two people who know and testify before the Notary of their good moral, economic and social stability

8. Photographs of the residence that contains the facade, rooms, and dormitories.

9. Recent color photographs of each one of the prospective adoptive parents, as well as a picture of the each family member that live in the house where the child will live.

10. Letter of express acceptance of a periodic follow-up for a period of three years, from the declaration of the adoption. We will send you by mail or e-mail this letter for your signature.

11. Letter of express acceptance of allocation for temporary cohabitation with the child in adoption. We will send you by mail or e-mail this letter for your signature.

12. In case the prospective adoptive parents are Panamanian, they must receive a Certification issued by the National Direction of Adoptions that they have received the preparation to be adoptive parents. If they are foreigners, they must submit a Certificate issued by the Central Authority of Adoptions of their country of residence. This is usually granted by the agency of adoptions of their country of residence that makes the socioeconomic and psychological evaluations.

13.In case the prospective adoptive parents are foreigners, they must submit a complete copy of the passport authenticated at the Consulate or Apostilled.

14. If they live abroad, an authenticated copy of authorization to enter the adoptee to that country

NOTE: All of the documents submitted supporting the parent(s) application to adopt must be authenticated by the Consulate of Panama in the country where you live, or with the Apostille affixed, and translated into Spanish by an authorized public translator in the Republic of Panama. Our law firm has a professional translator, and the fees for these translations would be sent to you in advance for your approval.

YAZMÍN CÁRDENAS Q.
Attorney, specialist in Family and Child Law