The legal framework
The Civil Code (articles 175 to 180, reformed by Law 26/2015 on the protection of children) governs adoption, always full: anyone over 25 may adopt (one adopter suffices in a couple), with at least 16 and no more than 45 years' difference from the child, save exceptions; married couples, unmarried couples and single people, without distinction of sexual orientation since 2005. The declaration of suitability (idoneidad) is made by the child-protection body of each autonomous community and the adoption is constituted by the judge. Law 54/2007 on intercountry adoption applies the Hague Convention of 1993 through accredited bodies (OAA). Adoption of the spouse's or partner's child follows a simplified procedure. Domestic adoptions number about 600 a year; intercountry adoptions 300 to 500, in sharp decline.
Adoption in Spain is a regional, public and slow process much like in the UK: a suitability assessment lasting six to eighteen months, then a wait of three to eight years for a healthy infant while older children, sibling groups and children with special needs wait for families. Private adoption does not exist and intercountry adoption goes only through accredited agencies.
British residents in Spain adopt under Spanish law once they are habitually resident, through their region's child-protection service; a Spanish adoption order is recognised in the UK (Spain is a Hague 1993 country) and the child acquires British citizenship if a British adopter is habitually resident in the UK at the time — for adopters living in Spain, registration of the child as British by descent depends on the adopter's own status, so take advice from the Home Office before completing. UK residents cannot adopt a Spanish child: Spain places children abroad only exceptionally.
Key points
| Adopters | Over 25 (one of the two in a couple); at least 16 and no more than 45 years older than the child; married or unmarried couples or single people, of any orientation |
|---|---|
| Suitability | Regional child-protection body: training, psychosocial report; valid three years |
| Constitution | By the court of first instance, with the consent of the birth parents (or without it if deprived of parental authority) and of the child over 12 |
| Effects | Full adoption: extinction of ties with the family of origin (except with the parent who is the adopter's spouse); right to know one's origins from 18 |
| Domestic adoption | About 600 a year; wait of 3 to 8 years for a healthy infant; much faster for older children, sibling groups or special needs |
| Intercountry adoption | 300 to 500 a year (China, Vietnam, India, Colombia, Peru…), falling steeply; only through accredited bodies |
| Fostering | More than 20,000 children in family foster care, a frequent route to adoption |
In practice
- Apply for the suitability declaration to the child-protection service of your autonomous community: compulsory training sessions, psychosocial interviews, home visit; 6 to 18 months.
- Domestic adoption: entry in the regional register; the match depends on the child profile accepted (age, siblings, needs); most matches are of children over six.
- Intercountry adoption: choose an open country and an accredited body; file, travel, constitution in the country of origin and recognition in Spain; 2 to 5 years.
- Adoption of a spouse's child: direct application to the court with the other parent's consent (or if deceased or deprived of parental authority) — frequent in British-Spanish blended families.
- Permanent fostering of a child may turn into adoption over time; British adopters should check the child's future British citizenship with the Home Office before the order.
Cost and coverage
Domestic adoption free (training and reports paid by the administration; in some regions, private reports of 500 to 1,500 euros). Intercountry: 10,000 to 35,000 euros depending on the country (agency, translations, travel, fees of the country of origin). Regional tax deductions in several communities.
Recent changes
Law 8/2021 and Law 26/2015 strengthened the right to know one's origins and family fostering; intercountry adoptions have fallen by more than 90 % since 2004. Several regions have suspended waiting lists for healthy babies.
Where to go
- Child-protection services of each autonomous community (regional ministry of social services or family).
- Ministry of Social Rights — intercountry adoption: open countries and accredited bodies.
- Courts of first instance: constitution of the adoption.
- Associations of adoptive families (CORA, AFADA…) and the Civil Registry (registration); British consulates for passport and citizenship questions.
Worth knowing
Domestic adoption of a healthy baby can take more than five years, while children over six, sibling groups and those with special needs are waiting for families: accepting a broader profile shortens the wait from years to months. No intercountry adoption is possible outside an accredited body, and a Spanish adoption does not automatically make the child British: check the citizenship rules first.
Frequently asked questions
We are British, resident in Málaga: can we adopt in Spain?
Yes, as habitual residents, under the same conditions as Spaniards, through the Andalusian child-protection service: suitability assessment, regional register, matching, then the court order. Residence status matters — the TIE or a residence visa — and the assessment includes your integration and language. The order is a full adoption recognised in the UK.
Will our adopted child be British?
Only if the adoption order is made by a Spanish court while at least one adopter is British and habitually resident in the UK, or through registration at the Home Office's discretion for a British adopter living abroad. Spain is a Hague Convention country, so the order is recognised, but citizenship follows the British Nationality Act rules: apply for registration (form MN1) and take advice before the order is made.
Can I adopt my Spanish partner's child?
Yes, by the simplified procedure for a spouse's or registered partner's child, with the other birth parent's consent unless he or she is deceased or deprived of parental authority; the age-difference rule is relaxed. The adoption is full, the child keeps the tie with your partner, and the order is recognised in the UK.
Official sources and links
- Civil Code — articles 175-180 (adoption) — BOE
- Law 54/2007 on intercountry adoption — consolidated text
- GOV.UK — child adopted abroad: British citizenship — nationality rules
- Administración General del Estado — administracion.gob.es — official portal of Spanish public services, with pages in English
- Boletín Oficial del Estado (BOE) — Spanish legislation, official and consolidated texts
- British Consulates in Spain — gov.uk — living in Spain guide, consular help, lists of English-speaking lawyers