Filiation, national adoption and emancipation: three family proceedings

Non-marital filiation is determined through the channels of article 120 of the Código Civil (the Spanish Civil Code): the declaration of the father or non-gestational parent on the official form when registering the birth, recognition before the person in charge of the Registro Civil, in a will or in another public document (a deed), the file processed according to the civil registry legislation or a final judgment. Voluntary recognition does not require a trial: it is a formal declaration that you are the parent.

Effectiveness depends on who is recognised. If the child is a minor, the express consent of their legal representative (usually the mother) is required or, failing that, judicial approval with a hearing of the Public Prosecutor and the legally known parent (art. 124 CC). That consent is not necessary if the recognition was made in a will or within the period to register the birth, although the mother can request the suspension of the father's registration during the year following the birth. If the child is of legal age, they decide: their express or tacit consent (art. 123 CC). If they have already passed away, it only takes effect if their descendants consent (art. 126 CC).

There are cases that go through the court in voluntary jurisdiction: recognition granted by an unemancipated minor needs judicial approval with a hearing of the Public Prosecutor (art. 121 CC), and the judicial approval of article 124 is processed according to articles 23 to 26 of Ley 15/2015 (the Voluntary Jurisdiction Act), before the Civil or Family Section of the Tribunal de Instancia (the court that, after Ley Orgánica 1/2025, has replaced the old Courts of First Instance) of the recognised person's domicile and without the need for a lawyer or procurador (a court representative) (art. 24.3 LJV). Managora prepares the recognition, the consents and, if necessary, the application for judicial approval. A different matter is if the other parent denies paternity: the judicial claim of filiation (arts. 131 and following CC) is a contentious lawsuit that requires a lawyer and procurador and is not included in this procedure; ask us and we will guide you on your case.

Marital and non-marital filiation produce the same effects (art. 108 CC) and those effects date back to the moment of the child's birth (art. 112 CC). Once filiation is determined, the child takes the surnames according to article 109 CC and Ley 20/2011: the order is fixed by mutual agreement and, if there is none, the person in charge of the Registro Civil decides based on the best interests of the minor.

Recognition gives rise to parental authority and its duties (caring for the child, maintenance, education), the obligation of maintenance between relatives and succession rights: the recognised child is a forced heir of their parent just like any other child, and the parent also acquires rights in the child's succession.

There is an important limit: a parent convicted for the relationship that gave rise to the birth, or who recognised against the legally expressed opposition, is excluded from parental authority and from rights over the child and their inheritance; the child, on the other hand, retains all of theirs (art. 111 CC).

To adopt you must be over 25 years old (if both spouses or members of the couple adopt, it is enough for one to reach that age) and be at least 16 years and no more than 45 years older than the adoptee; when two people adopt, it is enough for one of them to meet the maximum difference, and it can be exceeded in the adoption of groups of siblings or minors with special needs (art. 175 CC, wording of Ley 26/2015). It is not possible to adopt a descendant, a relative in the second collateral degree by consanguinity or affinity, or a ward by their guardian until the approval of the guardianship account.

Only unemancipated minors can be adopted. By exception, it is possible to adopt an adult or an emancipated minor when there has been foster care or stable cohabitation with the adopters in the terms of article 175.2 CC.

The general rule is that the adoption is initiated by the proposal of the public child protection entity of your autonomous community, following a declaration of suitability of the adopter (psychosocial assessment): it is the public entity itself that submits this proposal to the court, without a third party being able to present it on behalf of the adopter. A proposal is not needed in four cases (art. 176.2 CC): being an orphan and a relative of the adopter in the third degree by consanguinity or affinity, being the child of the adopter's spouse or unmarried partner, having been in custody for adoption purposes or under the guardianship of the adopter for more than one year, or being of legal age or an emancipated minor. Only in these cases is the application submitted directly by the adopter, and there Managora prepares and submits it for you.

Adoption is always constituted by a judicial resolution, taking into account the best interests of the minor and the suitability of the adopter (art. 176.1 CC). The file is processed by voluntary jurisdiction (arts. 33 to 42 of Ley 15/2015) before the Civil or Family Section of the Tribunal de Instancia, has a preferential character, the Public Prosecutor always intervenes and it does not require a lawyer or procurador (art. 34 LJV).

In the file, the adopter and the adoptee over 12 years of age must consent in the presence of the judge. The spouse or partner of the adopter and the parents of the unemancipated adoptee must assent, unless they are deprived of parental authority or involved in a legal cause for it; the mother cannot give her assent until 6 weeks have passed since the birth (art. 177 CC). A minor under 12 years of age will be heard according to their age and maturity.

Once the adoption is constituted, the legal ties with the family of origin are extinguished, except in the adoption of the child of the spouse or partner, in which the tie with that parent is maintained (art. 178 CC). The judge may agree, if it is in the minor's interest, on some form of relationship or contact with the family of origin: this is called open adoption (art. 178.4 CC). Adoption is irrevocable (art. 180 CC): there is only an exceptional judicial extinction requested by the parent who, through no fault of their own, did not intervene in the file, within the following 2 years and provided it does not seriously harm the minor. Adopted persons have the right to know their biological origins upon reaching the age of majority or earlier through their representatives.

Since Ley 8/2021, emancipation is regulated in articles 239 to 248 of the Código Civil (the old numbering, arts. 314 to 324, is no longer in force). Emancipation takes place by reaching the age of majority, by concession of those who exercise parental authority or by judicial concession (art. 239 CC). For the parents' concession, it is required that the minor is 16 years old and consents to it, and it is granted in a public deed or by appearance before the person in charge of the Registro Civil (art. 241 CC).

The judge can grant emancipation to a person over 16 who requests it, with a hearing of the parents, when the person exercising parental authority marries or lives with a person other than the other parent, when the parents live apart or when there is a cause that seriously hinders the exercise of parental authority (art. 244 CC). A person over 16 who lives independently with the consent of their parents is also considered emancipated, although this consent is revocable (art. 243 CC). The judge can grant the benefit of the age of majority to a minor under guardianship (art. 245 CC).

Granted emancipation is irrevocable and must be registered in the Registro Civil: until it is registered, it does not produce effects against third parties (art. 242 CC and art. 70 of Ley 20/2011). The emancipated person governs their person and assets as if they were of legal age, but until the age of 18 they cannot borrow money, or encumber or sell real estate, commercial or industrial establishments or objects of extraordinary value without the consent of their parents or, failing both, of their judicial defender; they can appear in court on their own (art. 247 CC; art. 246 CC is the one that declares the full capacity of a person of legal age). Furthermore, among minors, only emancipated ones can marry: article 46 CC prohibits unemancipated minors from marrying.

For the recognition of filiation: your DNI or NIE (the identification number for foreigners in Spain) and the child's, the child's literal birth certificate, the family book if available and, where appropriate, the consent of the minor's legal representative. For adoption: the adopter's DNI, the suitability certificate from the autonomous community, the minor's documentation, the assent of the spouse or partner if applicable and the proposal of the public entity when necessary. For emancipation: the minor's birth certificate, the DNI of the minor and the parents, empadronamiento (registration at the local town hall) and, in the independent living route, proof of that economic independence.

None of the three files has a tasa (official fee): the Registro Civil certificates are free and natural persons do not pay court fees; there is only a notario (notary) fee when a deed is involved (recognition in a public document or notarial emancipation).

Managora studies your case, prepares the application and the consents and submits the file to the Registro Civil, the notary's office or the court when the procedure allows the interested party to initiate it: this happens in the recognition of filiation, in emancipation and in the adoption of the cases of article 176.2 CC. In adoption through the ordinary route, the proposal is submitted by the public child protection entity of your autonomous community, and our job is to prepare the offer, the documentation and the follow-up until registration. You can see the updated amount of each service in the procedure file: recognition of non-marital filiation, application for national adoption and emancipation of a minor. Start today: complete the procedure questionnaire and we will take care of the rest.