La separación de hecho de los cónyuges y su pretensión de adoptar

Abstract

Husband and wife must live together after their marriage ( Sections. 199 and 200) of our Civil Code. When they do not fulfill this duty, they are voluntarily separated. The Civil Code sets as a general principle that  the Civil Status of any  individual  , is irrelevant  for adoption s sake. But this principle does not apply to married couples,  because the law demands that the two members of the couple always have to adopt a child together, except in the following few specific cases which are expressly quothed in the above mentioned  sections: 1)When there is a firm legal sentence of separation. 2)When one of the two members of the couple has been  declared  insane  by a judge and lastly, 3) When there is a firm  sentence declaring one of the two members absent or disappeared. This means that the mutual agreement of  spouses to live separate lives is not included in the provisions of the law.

The aim of the article is to describe  what happens when one or both of  them want to register themselves to have the child’s custody as a previous step for becoming a foster parent or when any or both of them claim the child’s custody for later adoption and finally when they claim the adoption of  child which they have already had in custody.