The legal framework
The Código Civil y Comercial (Civil and Commercial Code) of 2015, articles 594 to 637, governs adoption in three forms: adopción plena (full adoption, which extinguishes the legal ties with the family of origin), adopción simple (simple adoption, which keeps them) and adopción de integración (integrative adoption, of the child of one's spouse or cohabiting partner). People over 25 may adopt — in a couple one of the two is enough — provided they are at least 16 years older than the child; they may be married, in a unión convivencial (cohabiting union) or single, without distinction of sexual orientation since Law 26.618 of 2010, and must have been permanently resident in Argentina for at least five years, unless they are Argentine. Applicants register with the register of their jurisdiction, unified in the Registro Único de Aspirantes a Guarda con Fines Adoptivos (RUAGA, the single register of applicants for pre-adoptive care); the judge declares the child adoptable, grants a pre-adoptive placement (guarda con fines de adopción) of six months and then grants the adoption, with the child taking part in the proceedings and consenting from the age of 10. Argentina has not ratified the 1993 Hague Convention on intercountry adoption; it entered a reservation to article 21 of the UN Convention on the Rights of the Child and does not allow Argentine children to be adopted abroad.
The Argentine system resembles the British one in its principles — adoption is free of charge and closed to private arrangements — but it rests on a single judicial register and on public appeals (convocatorias públicas) for children who are hard to place: sibling groups, adolescents, children with disabilities, for whom a family is often found within months. A healthy baby, by contrast, means a wait of several years. British and Irish residents adopt on the same terms as Argentines once they have lived in the country for five years; for many British-Argentine families, though, the relevant route is the adopción de integración of a spouse's or partner's child, which goes straight to the judge without the register.
For anyone living in the UK or Ireland, Argentina is closed: it allows no intercountry adoption, so no adoption agency or central authority can arrange one, and any offer of an Argentine child from abroad is a scam or trafficking. For British residents who adopt in Argentina, the next step is recognition. Argentina is not a party to the 1993 Hague Convention, so an Argentine order is not a 'Convention adoption' in UK law and the child does not automatically become British: a British adopter can apply to the Home Office to register the child as a British citizen (form MN1), which is discretionary. How the adoption is treated in the UK depends on UK rules on overseas adoptions, so take advice from the Home Office and a UK family lawyer before the order is made; Irish citizens should ask the Adoption Authority of Ireland about recognition in Ireland.
Key points
| Adopters | Over 25 (one of the two in a couple); 16 years older than the child; five years' residence in Argentina (unless Argentine); married couples, cohabiting partners or single people, of any orientation |
|---|---|
| Register | Compulsory registration with the RUAGA of the jurisdiction; psychosocial assessment; no adoption without registration, except integrative adoption |
| Procedure | Declaration of adoptability, pre-adoptive placement (6 months), adoption judgment; the child takes part and consents from the age of 10 |
| Forms | Full, simple, integrative |
| Timescales | 6 months to 2 years after matching; a healthy baby can take several years; children over 8, sibling groups and children with disabilities are waiting for families |
| Intercountry | Not allowed: reservation to article 21 of the Convention on the Rights of the Child; 1993 Hague Convention not ratified |
| Figures | About 2,000 pre-adoptive placements a year; more than 2,500 children declared adoptable |
| British and Irish nationals | Adoption only after five years' residence; none from the UK or Ireland; no automatic British citizenship (Home Office registration, form MN1) |
In practice
- Register with the register of applicants of your province (or of the City of Buenos Aires) with the documents and assessments; the file is entered in the RUAGA and is valid throughout the country. Foreign residents prove their five years' residence, and UK documents need the apostille of the FCDO Legalisation Office and a translation by a traductor público (sworn public translator).
- State the profile you accept (age, siblings, health): public appeals for older children and sibling groups are frequent and quick.
- After matching and the six-month placement, the family judge grants the adoption; a child over 10 must consent.
- Integrative adoption — of a spouse's or partner's child — is requested directly from the judge, without the register.
- Any direct handover or 'private adoption' is void and may be a criminal offence. A British adopter applies for the child's registration as British (form MN1) and then for the passport.
Cost and coverage
Free: register, assessments and court procedure at no cost; free legal help from the public defenders (defensorías); a private lawyer, if you want one, 300,000 to 1,000,000 pesos. On the UK side, apostilles and sworn translations, and the Home Office fee for registering a child as a British citizen.
Recent changes
The RUAGA has unified the provincial registers; the 2015 Code shortened time limits and banned the direct handover of children. Public appeals for children who are hard to place have become widespread since 2019.
Where to go
- Registro Único de Aspirantes a Guarda con Fines Adoptivos (RUAGA, Ministry of Justice) and the provincial registers.
- Family courts (juzgados de familia); defensorías de menores (children's public defenders).
- Provincial child-protection bodies.
- Home Office (registration as a British citizen) and the GOV.UK guidance on adopting from overseas; British Embassy in Buenos Aires: consular assistance, notarial services; Irish citizens: Embassy of Ireland in Buenos Aires and the Adoption Authority of Ireland.
Worth knowing
A foreigner — British, Irish or any other — can adopt in Argentina only after living there for at least five years, and no Argentine child can be adopted from abroad: offers of 'intercountry adoption' of Argentine children are scams or trafficking. And an Argentine adoption does not make the child British: check the citizenship rules, and how the UK will treat the order, before it is made.
Frequently asked questions
Can we adopt a child from Argentina while living in the UK?
No. Argentina does not allow intercountry adoption and has not ratified the 1993 Hague Convention, so no UK or Irish agency can arrange one; any arrangement made outside the official procedure is void in Argentina and may be a criminal offence. The only adoptions open to foreigners are those of people who have lived in Argentina for five years.
We have lived in Buenos Aires for six years: can we adopt, and will the child be British?
You can adopt on the same terms as Argentines: registration with the RUAGA, assessment, matching, a six-month placement, then the judgment. Citizenship is another matter: since Argentina is not a Hague Convention country, the child does not become British automatically, and registration by the Home Office (form MN1) is discretionary. Take advice before the adoption is granted, including on how the UK will treat the order if you plan to move back.
Can I adopt my Argentine partner's child?
Yes, by adopción de integración, requested directly from the family judge without registering with the RUAGA, whether you are married or cohabiting and including in a same-sex couple; it may be full or simple depending on the ties kept with the other birth parent. For UK purposes the same caution applies: recognition and citizenship are not automatic. If the family lives in the UK, a step-parent adoption under UK law, through the local authority and the family court, is the direct route.
Official sources and links
- Civil and Commercial Code — articles 594-637 (adoption) — official text
- RUAGA — Registro Único de Aspirantes a Guarda con Fines Adoptivos — official information
- GOV.UK — adopting a child from overseas — UK rules and British citizenship
- argentina.gob.ar — official portal of the Argentine state: procedures, civil registry, migration, health, justice
- Normativa nacional (InfoLeg) — official texts of Argentine laws and decrees
- British Embassy Buenos Aires — gov.uk — consular help, notarial and documentary services for British nationals in Argentina