2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter I - Initial Provisions (§ 1051) › § 1051 - Definitions

For purposes of this chapter, the following terms shall have the meaning stated below, unless another meaning is clearly implied by the context:
(a) Adoption agreement.— The solemn legal act whereby the pregnant woman agrees, without there being compensation of any kind, except for pregnancy-related expenses, as provided in § 1053 of this title, in a document under oath before a notary public authorized to practice his/her profession in Puerto Rico, to continue her pregnancy to its full term and to terminate any parental rights in order to place her newborn child for adoption; and the future adopting person or married couple assumes the obligation to defray pregnancy-related expenses and to adopt the newborn child, regardless of any congenital health condition of the newborn child subject to the requirements imposed under this chapter. This agreement may be open or closed, at the choice of the parties.
(1) Open adoption agreement.— An adoption agreement whereby the adopting party relates with the biological mother during her pregnancy up to the expiration of the term for the biological mother to exercise her right to retract.
(2) Closed adoption agreement.— An adoption agreement whereby the adopting party does not relate with the biological mother. Such agreement shall include a confidentiality clause to that effect, under which the Department shall maintain in strict confidentiality any information regarding the parties, except for exclusive use by the Department in such transactions corresponding to adoption proceedings. The Department shall establish through regulations to such effect, any additional cost on account of administrative expenses ensuing the closed adoption agreement if necessary.
(b) Department.— The Department of the Family of the Government of Puerto Rico.
(c) Healthcare service institution.— Any institution that provides healthcare services, as defined in § 331a of Title 24, known as the “Healthcare Facilities Act”. It shall also include any private facility that provides medical-gynecological, obstetrical, and family planning services, under any applicable legislation.
(d) Adopting party.— A person or a married couple recognized as such and valid under the Puerto Rico Civil Code, as appears in the Puerto Rico Statewide Voluntary Adoption Register, attached to the Department of the Family, that has the intention to assume parental rights over the minor to be adopted, after having submitted an application to that effect, evaluated by the Department as possible candidate(s) for the adoption of a minor, subject to any provisions on adoption established in the Puerto Rico Civil Code. The definition of adopting party is also extended to individual persons and married couples that appear in the registers of adoption agencies.
(e) Biological mother.— Refers to expecting or pregnant woman who freely and voluntarily agrees to waive all rights over her future newborn child in favor of the adopting party, through an adoption agreement, subject to capability requirements for such action.
(f) Newborn child.— Any newborn child between zero (0) and six (6) months, placed for adoption under an adoption agreement, pursuant to the provisions of this chapter.
(g) Party.— The adopting party, the biological mother, and the biological father, as well as any other person who proves to have a legitimate claim of the minor to the satisfaction of the court.
(h) Court.— The Specialized Family Parts created under this chapter, attached to the General Court of Justice, Court of First Instance of Puerto Rico, to handle transactions for the termination of parental rights, adoption, and any others that may arise from §§ 444 et seq. of this title, known as the “Comprehensive Child Well-being and Protection Act”.
(i) Adoption agency.— Any public or private nonprofit institution or organization credited, regulated, and periodically inspected by the Department of the Family to place minors in adoptive homes. Such agencies shall be governed by all laws that apply to the Department and by any regulations that the same may establish to serve the best interests of minors. Adoption agencies may serve, discretionally, as voluntary surrender of minors or safe shelter agencies.
(j) Biological father.— The man who biologically begets the minor through natural fertilization.
(k) Voluntary surrender of a minor.— Voluntary surrender of a minor.-An act whereby the biological mother, or biological parents or those who hold the parental rights over the child, surrender the physical custody of a newborn child or agree to relinquish and transfer the parental rights over such child between zero (0) and three (3) years, to place him/her for adoption.
(l) Adoption.— A solemn legal act which portends the total severance of the legal-familial ties of a minor with his/her biological parents, and the ensuing filiation of the minor by the adopting party, which has expressed its will to assume the legal parenthood of said minor.
(m) Candidate for adoption.— A minor who is the object of the adoption, pursuant to the requirements established in the Puerto Rico Civil Code of 1930, as amended.
(n) Register.— The Puerto Rico Statewide Voluntary Adoption Register, established under this chapter.
(o) Placement agreement.— An agreement to provide for the terms and conditions of placement of minors in homes approved by the Department or adoption agencies, in order for such minors to be adopted. Such agreement shall guarantee the rights of all parties, with special attention to the best interests of the minor.
(p) Adoptive home.— The home of a family composed of one or more members that have adopted the minor under their custody.
(q) Pre-adoptive home.— A duly certified, licensed home that meets all eligibility requirements of the Department in order to be considered for adoption purposes.
(r) Foster home.— A home of temporary and transition nature duly certified and licensed by the Department that shelters minors under the custody of the Department.
(s) Adoption Information Center.— Place established in the main office of the Department that serves as the main office for the adoption of minors in Puerto Rico.
History —Dec. 18, 2009, No. 186, § 2; Nov. 7, 2010, No. 165, § 1; Dec. 16, 2011, No. 247, § 1.