Private adoption does not exist in Spain, neither with respect to domestic cases nor with respect to
international cases. This means that all domestic or intercountry adoption procedures are supervised by the Administration. Competence in this matter is delegated to the Autonomous Communities. The adopting parents must apply to the Autonomous Community in which they reside to begin the process. This process starts with an application, continues with information sessions, and evaluations of the applicants. They may be declared suitable to adopt in Spain or in another country.
In the latter case, an Accredited Intercountry Adoption Agency (ECAI) intervenes to authorise the adoption of a child residing in a foreign country. Intercountry adoption can be arranged either in the country of origin or in Spain if the child has been placed in guardianship by the authorities of origin.
In this process, private lawyers usually intervene when any of the above-mentioned requirements have been omitted, usually due to ignorance. In Spain, intercountry adoption is regulated by Law 54/2007 of 28 December 2007 on intercountry adoption and by the 1993 Hague Convention on
Protection of Children and Co-operation in Respect of Intercountry Adoption (Member States).
