Audacia Abogados

How to adopt my partner's children?

What requirements are there and what procedure should I follow to adopt my partner's children?

Family Law
How to adopt my partner's children?

In this article we are going to deal with a topic that is increasingly common in couples, due to the evolution of the family model today.

In the present, two single people know each other and it may turn out that one of them has children from a previous relationship.

In addition, there is the possibility of adopting the couple's children conceived through in vitro fertilization or surrogacy, without having been recognized by their biological father or mother.

Therefore, in the cases described above, you can adopt your partner's children, becoming their legal guardian.

How to proceed with the adoption of my partner's son or daughter?

To initiate a procedure of this type, it is the lawyers who must draft the claim, because it is a complex file both in its length and in its difficulty, and a lawyer who knows what he is doing is needed to help you in each step of the process.

One thing we want to clarify is that when we say couple, we do not mean a married or common-law couple, but rather a couple who have been living together for at least 2 years.

Requirements to adopt my partner's child:

1.Both the criminal record of the adopter, if he is incapacitated, as well as the deprivations or suspensions of him, established after a court ruling, if he had them at the time when his aptitude for adoption is reviewed, will be taken into account .

2. The person who adopts (adopter) must be over 25 years old and, in turn, be at least 14 years older than the child of her partner.

3. The relationship of the adoptee with his biological father or mother is analyzed, as well as her economic situation, etc.

4. As a requirement of the adoptee, he can be both a minor and an adult, provided that the coexistence of at least one year between the adoptee and the adopter can be proven.

5. If there are conflicts of interest between the adopter and the adoptee, which relate to legal proceedings or financial matters, the adoption of the child will not be granted.

6. The adopter cannot be a relative of the adoptee, that is, a brother or brother-in-law, second-degree relatives in collateral line of consanguinity or affinity cannot be adopted.


The documents that you must present are the following:

1. The birth certificate of the adoptee.

2. Documents that prove the coexistence of the adopter with the adoptee, as well as the coexistence if the biological father or mother is known.

3. Marriage certification or registration as a domestic partnership, if the couple has been married or is a registered domestic partner.

4. Document that proves the current financial situation of the adopter.

5. You must provide the express consent of the biological father or mother, who is not your current partner, if any.

6. Documents that prove that the adopter has been taking care of the minor's care and education for a long time.

Once the previous documentation has been presented, you will have to request the adoption before the Court of First Instance of the place of residence of the adopter, indicating both the data of the adopter and the adoptee.

When submitting the application, the two situations described below may occur:

First scenario, that the adoptee's biological mother or father is not known, it is for this reason that the application must be submitted to the external control of the Public Prosecutor, who will examine the situation and approve the adoption.

Second scenario, that, at the time of adoption, the adoptee has a known biological mother or father, since this will be the one who must consent to the adoption once this request is sent.

The adoption will be effective within one to three months, as long as you present the aforementioned documentation and meet the requirements.

It is highly recommended to have the help of a lawyer, to be able to prepare and gather all the documents, without forgetting any, as well as, that you can bombard him with questions throughout the adoption process.

That is why, if you need help or have any questions, do not hesitate to contact us, Audacia Lawyers, family experts, remember you come first.

Family Law

¿Do you want to contact us?

Call us Or write us in our form

Back to the top Back to the top