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How to adopt in Cuba? Application and steps to follow

Jul 26 , 2024

The adoption process in Cuba is regulated by the Family Code and is characterized by its complexity and rigor. The aim of this rigor is the welfare of the minor or the adopted person, but the bureaucratic procedures have led families to consider this option discarded before the process even begins. This context does not prevent many people from trying, so that solid and safe nuclei have been formed for children who, for one reason or another, can no longer develop with their biological family. It is this reality that motivates the efforts of the authorities to unblock the system so that many more adoptions can come to fruition for the parties.

What is the process of adopting a child in Cuba like?

In fact, there is no single type of adoption, although the adoption of a child without a family is the most common, but the responsibility of adoption can benefit a disabled person, a close relative of the adopter, etc. Under Cuban law, the adoptee acquires the rights and responsibilities of a biological child of the adopter. The biological bond is extinguished unless the adoptee is over 10 years old and chooses not to do so. This time we will focus on the adoption of children from outside the family: The adoption process, steps to follow, and useful tips.

Adoption Application Requirements

There are minimum requirements and not everyone can be an adopter:

  • Be at least 18 years of age
  • Be legally capable of exercising parental responsibility
  • Be at least 16 years older than the child you are adopting
  • No previous serious criminal record

Cuba adoption application steps to follow

You will need to file a formal petition with the family court, which will include the following items

  • Applicant’s birth certificate
  • Criminal record certificate
  • Documentation of financial capacity (income, home ownership, vehicle or business, etc.)
  • Letter of intent explaining the reasons for adoption

Once the required information is provided and the official petition is filed, the Family Court begins its work and conducts an investigation of the case to ensure that the adoption is safe and in the best interest of the child.

This process includes an interview with the applicant, a home visit, and an assessment of the applicant’s financial and family situation. If this process results in a positive response, the prospective adopter begins a process of interaction with the child to assess the relationship between the parties and the outcome of living together.

Judicial hearing and adoption decision

After the period of cohabitation has expired, a court hearing shall be held for the court to decide whether to grant the adoption. At the hearing, the court shall present the results of the examination of the adopter’s relationship with the child, the adopter’s ability to care for the child, and the opinion of the child, if possible, according to the child’s age.

If the court finds that the adoption is in the best interests of the child, a decree shall be entered declaring the adoption and establishing the rights and duties of the adopter and the adoptee.

Court hearing and order of adoption

The adoption decree is registered in the civil registry and formalizes the legal bond between the adopter and the adoptee. Note: It is advisable to seek legal counsel even if you are eligible to adopt. The help of a professional can expedite the process and resolve any setbacks that may delay the adoption.

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