Puerto Rico

Adoption

Access to Adoption Records

Who May Access Information

This issue is not addressed in the statutes reviewed.

Access to Nonidentifying Information

This issue is not addressed in the statutes reviewed.

Mutual Access to Identifying Information
Citation: Ann. Laws Tit. 32; § 2699s

The adoption files shall be confidential. The court may only authorize the interested parties to examine them. It may also authorize other persons through a specific judicial order and for just cause.

Access to Original Birth Certificate
Citation: Ann. Laws Tit. 24, § 1136

The original birth certificate is available only upon order of the court.

Where the Information Can Be Located

Vital Statistics Registry

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Collection of Family Information About Adopted Persons and Their Birth Families

Agency or Person Preparing the Report
Citation: Ann. Laws Tit. 32, § 2699e
The Department of the Family, or any private adoption agency licensed by the department, shall report to the court on the expert social study completed on a minor or disabled child who is the subject of an adoption petition. In those cases in which the court appoints a professional, qualified as an expert and licensed in the field of social work, psychiatry or psychology, at the request of the petitioners, to perform the report on the corresponding expert social study, it shall determine the fee to be paid by the petitioners or the department, with due consideration of the welfare and comfort of the adopted person.

Contents of Report About the Adopted Person
Citation: Ann. Laws Tit. 32, § 2699e
The report shall contain the following:

  • The social background record of the adopted child
  • A recommendation on whether the adoption is in the child’s best interests
  • Comments on the reasons that justify the divesting of patria potestad of the birth parents

Contents of Report About the Birth Family
Citation: Ann. Laws Tit. 32, § 2699e
The report shall contain the social background record of the adopted child’s birth parent or parents.

When the Report Is Made
Citation: Ann. Laws Tit. 32, § 2699e
The report on the expert social study shall be rendered within a maximum of 30 days from the date of the notice of the petition.

Exceptions for Stepparent or Relative Adoptions

This issue is not addressed in the statutes reviewed.

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Intestate Inheritance Rights for Adopted Children

Birth Parents in Relation to Adopted Person
Citation: Ann. Laws Tit. 31, §§ 538; 539
Adoption by final and binding decree shall extinguish any legal nexus between the adopted person and his or her former birth or adoptive family. The adoptee shall retain all rights acquired prior to the date of issue of the adoption decree under his or her former ties as member of his or her former family.The legal nexus of the adopted person with his or her former paternal or maternal family shall continue when the adopted person is the child of the spouse of the adopter, even though the father or mother may have died by the date on which the adoption petition is filed, or when the adopted person is the issue of a single filiation and is adopted by a person of a different sex than that of the parent who has acknowledged him or her as his or her child.

Adoptive Parents in Relation to Adopted Person
Citation: Ann. Laws Tit. 31, § 538
Once the adoption has been decreed, the adopted person shall be deemed for all legal purposes as the child of the adopter, with all the rights, duties, and obligations corresponding to it, by law.

Adopted Persons Who Are Not Included in a Will

This issue is not addressed in the statutes reviewed.

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State Recognition of Intercountry Adoptions Finalized Abroad

Effect and Recognition of a Foreign Adoption Decree

This issue is not addressed in the statutes reviewed.

Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate
Citation: Ann. Laws Tit. 24, § 1139; Tit. 32, § 2699m

If the adopted child was born outside of Puerto Rico, but was adopted in Puerto Rico, it shall be the duty of the Chief of the Division of Demographic Registry and Vital Statistics of the Department of Health to transmit to the proper officer of the adopted child’s birthplace, a certified copy of the decision issued by the court in the adoption case.The Vital Statistics Registry shall keep a special registry for the registration of adoptions of persons born outside of Puerto Rico and adopted in Puerto Rico.

When the adoptee was born outside of Puerto Rico, the clerk of the court must notify the Registry of Vital Statistics of Puerto Rico through two certified copies of the judicial adoption decree. The judicial decree must contain instructions for a copy to be forwarded immediately to the Registry of Vital Statistics of the place of registry of the adoptee.


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