reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2675 - Taking testimony in another state

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in Puerto Rico for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken and submitted in the proceedings held in Puerto Rico.
(b) In a guardianship or protective proceeding, a court in Puerto Rico may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of Puerto Rico shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of Puerto Rico by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
History —Oct. 5, 2012, No. 296, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676 - Definitions; significant connection factors

(a) For purposes of this section, the following definitions are hereby established:
(1) Emergency.— Means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s or protected person’s behalf.
(2) Home state.— Means the state in which the respondent or protected person was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the State in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition.
(3) Significant-connection state.— Means a state, other than the home state, with which a respondent or protected person has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining whether a respondent or protected person has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent’s or protected person’s family and other persons required to be notified;
(2) the length of time the respondent or protected person at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent’s or protected person’s property, and
(4) the extent to which the respondent or protected person has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.
History —Oct. 5, 2012, No. 296, § 7.1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676a - Exclusive basis

This section provides the exclusive jurisdictional basis for a court of Puerto Rico to appoint a guardian or conservator, or issue a protective order for an adult.
History —Oct. 5, 2012, No. 296, § 7.2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676b - Jurisdiction

A court of Puerto Rico has jurisdiction to appoint a guardian or issue a protective order for a respondent or protected person if:
(a) Puerto Rico is the respondent’s home state.
(b) On the date the petition is filed, Puerto Rico has a significant-connection and:
(1) The respondent or protected person does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because Puerto Rico is a more appropriate forum; or
(2) the respondent or protected person has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
A petition for an appointment or order is not filed in the respondent or protected person’s home state.
An objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding.
The court of Puerto Rico concludes that it is an appropriate forum under the factors set forth in § 2676e of this title.
(3) Puerto Rico does not have jurisdiction under clause (1) or (2), the respondent’s or protected person’s home state and all significant-connection states have declined to exercise jurisdiction because Puerto Rico is the more appropriate forum, and jurisdiction in Puerto Rico is consistent with the constitutions of other states involved and the United States, or
(4) the requirements for special jurisdiction under § 2676c of this title are met.
History —Oct. 5, 2012, No. 296, § 7.3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676c - Special jurisdiction

(a) A court of Puerto Rico lacking jurisdiction under clauses (1) to (3) of subsection (b) in § 2676b of this title, has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not exceeding (90) days for a respondent or protected person who is physically present in Puerto Rico.
(2) Issue a protective order with respect to real or tangible personal property located in Puerto Rico.
(3) Appoint a guardian for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures established in § 2677 of this title.
(b) If a petition for the appointment of a guardian in an emergency is brought in Puerto Rico and Puerto Rico was not the respondent’s or protected person’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
History —Oct. 5, 2012, No. 296, § 7.5.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676d - Exclusive and continuing jurisdiction

Except as otherwise provided in § 2676c of this title, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court, or the appointment or order expires by its own terms or those established by law.
History —Oct. 5, 2012, No. 296, § 7.5.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676e - Appropriate forum

(a) A court of Puerto Rico having jurisdiction under § 2676b of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of Puerto Rico declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent or protected person;
(2) whether abuse, neglect, or exploitation of the respondent or protected person has occurred or is likely to occur and which state could best protect the respondent;
(3) the length of time the respondent or protected person was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent or protected person from the court in each state;
(5) the financial circumstances of the respondent’s or protected person’s estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding, and
(9) if an appointment were made, the court’s ability to monitor the conduct of the guardian.
History —Oct. 5, 2012, No. 296, § 7.6.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676f - Jurisdiction declined by reason of conduct

(a) If at any time a court of Puerto Rico determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or protected person or the protection of the respondent’s or protected person’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction, or
(3) continue to exercise jurisdiction after considering:
(A) The extent to which the respondent or protected person and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in § 2676e of this title; and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of § 2676b of this title.
(b) If a court of Puerto Rico determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, and witness or expert fees and expenses. The court may not assess fees, costs, or expenses of any kind against another court or a government subdivision, agency, or instrumentality unless authorized by law.
History —Oct. 5, 2012, No. 296, § 7.7.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676g - Notice of proceeding

If a petition for the appointment of a guardian or issuance of a protective order is brought in Puerto Rico and Puerto Rico was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of Puerto Rico, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s or protected person’s home state. The notice must be given in the same manner as notice is required to be given in Puerto Rico.
History —Oct. 5, 2012, No. 296, § 7.8.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2676h - Proceedings in more than one state

Except for a petition limited to property located in Puerto Rico under clauses (1) or (2) of subsection (a) in § 2676c of this title, if a petition for the appointment of a guardian or issuance of a protective order is filed in Puerto Rico and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(a) If the court in Puerto Rico has jurisdiction under § 2676b of this title, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to § 2676b of this title before the appointment or issuance of the order.
(b) If the court in Puerto Rico does not have jurisdiction under § 2676b of this title, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in Puerto Rico shall dismiss the petition unless the court in the other state determines that the court in Puerto Rico is a more appropriate forum.
History —Oct. 5, 2012, No. 296, § 7.9.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2677 - Transfer of guardianship to another state

(a) A guardian appointed in Puerto Rico may petition the court to transfer the guardianship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in Puerto Rico for the appointment of a guardian.
(c) On the court’s own motion or on request of the guardian, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other State.
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person.
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors established in § 2676(b) of this title;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person, and
(3) adequate arrangements will be made for management of the protected person’s property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to § 2677a of this title, and
(2) the documents required to terminate a guardianship in Puerto Rico.
History —Oct. 5, 2012, No. 296, § 8.1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2677a - Accepting guardianship transferred from another state

(a) To confirm transfer of a guardianship transferred to Puerto Rico under provisions similar to § 2677 of this title, the guardian must petition the court in Puerto Rico to accept the guardianship. The petition must include a certified copy of the other state’s provisional order of transfer.
(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and Puerto Rico. The notice must be given in the same manner as notice is required to be given in Puerto Rico.
(c) On the court’s own motion or on request of the guardian, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person, or
(2) the guardian is ineligible for appointment in Puerto Rico.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian as guardian in Puerto Rico upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to § 2677 of this title transferring the proceeding to Puerto Rico.
(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship, the court shall determine whether the guardianship needs to be modified to conform to the laws of Puerto Rico.
(g) In granting a petition under this section, the court shall recognize a guardianship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian.
(h) The denial by a court of Puerto Rico of a petition to accept a guardianship transferred from another state does not affect the ability of the guardian to seek appointment as guardian in Puerto Rico under the guardianship provisions in §§ 661 et seq. of Title 31, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
History —Oct. 5, 2012, No. 296, § 8.2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2678 - Registration and recognition of orders from other states—Registration of guardianship or protective orders

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in Puerto Rico, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in Puerto Rico by filing as a foreign judgment in the appropriate court, certified copies of the order and letters of office. The same shall apply in the case of protective orders issued by other states.
History —Oct. 5, 2012, No. 296, § 9.1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2678a - Registration and recognition of orders from other states—Effect of registration

(a) Upon registration of a guardianship or protective order from another state, the guardian may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of Puerto Rico, including maintaining actions and proceedings in Puerto Rico and, if the guardian is not a resident of Puerto Rico, subject to any conditions imposed upon nonresident parties.
(b) A court of Puerto Rico may grant any relief available under this chapter and other law of Puerto Rico to enforce a registered order.
History —Oct. 5, 2012, No. 296, § 9.2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2679 - Miscellaneous provisions—Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History —Oct. 5, 2012, No. 296, § 10.1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 222 - Puerto Rico Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (§§ 2671 — 2679a) › § 2679a - Miscellaneous provisions—Transitional provisions

(a) This chapter shall apply to guardianship proceedings begun on or after its effective date.
(b) Sections 2671—2675, and §§ 2677, 2678, 2679, all of this title shall apply to proceedings begun before the effective date, regardless of whether a guardianship or protective order has been issued.
History —Oct. 5, 2012, No. 296, § 10.2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699 - Public policy statement

With regard to the welfare of the adoptee, it is hereby provided that adoption proceedings be made expeditious and flexible, as well as confidential, in order to protect the constitutional right to privacy of the parties. The confidentiality of adoption proceedings, and in some cases, the identity of the adopting parents, is intimately linked to the welfare and convenience of the candidate for adoption. On the matter of adoption, the public policy is as follows:
(1) To grant the people of Puerto Rico full powers, in suitable cases, to give in adoption those children under their custody and guardianship, whose parents have been deprived of patria potestas and custody, when the welfare and best interests of minors and disabled children dictate it.
(2) To facilitate adoption proceedings in the most liberal and the broadest way possible within the legal system in force in Puerto Rico, by providing for simple, straightforward, and expeditious proceedings whose transactions shall not exceed a total of seventy-five (75) [sic] from their beginning to their final resolution, and to furthermore substantially simplify and liberalize the legal requirements for issuing adoption decrees.
(3) The firm application of this statute involves a pressing social interest of the utmost importance, considering the present times in which, for reasons obviously attributable to irresponsible parents and other sectors of our society, there are thousands of mistreated, abandoned, deserted and homeless children.
(4) It is the responsibility of the Department of the Family or the adoption agency to carry out the corresponding expert social study so that the courts may exercise their power as parens patriae in pursuit of the welfare and convenience of candidates for adoption. In every case in which a petition for adoption is filed, the Department of the Family or the adoption agency shall be requested to undertake an expert social evaluation. The court shall make a determination to such effect according to the specific circumstances of the case, taking into consideration the recommendations of the report on the expert study, but such action shall not constitute a limitation on its authority to decide on the adoption.
History —Jan. 19, 1995, No. 9, § 1; Dec. 18, 2009, No. 186, § 33, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699a - Proceedings

Adoption proceedings shall be expeditious and flexible and shall be conducted to their completion within a maximum term of seventy-five (75) days from the time the petition for adoption is filed to its final resolution.
History —Jan. 19, 1995, No. 9, § 2; Dec. 18, 2009, No. 186, § 34, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699d - Term to appear

(1) In case the notice is served personally, those persons thus notified shall have a term of fifteen (15) days, from the date the notice is served, to respond to the adoption petition.
(2) In case the notice is sent by certified mail with return receipt requested, those persons notified shall have a term of fifteen (15) days, from the date the notice is received according to the receipt, to respond to the adoption petition.
[(3)] In case the notice is sent by order, those persons notified shall have a term of thirty (30) days, from the date of publication of the order, to respond to the adoption petition.]
The terms referred to in this section shall only be extended for just cause after a request in writing and under oath.
History —Jan. 19, 1995, No. 9, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699f - Appointment of a special guardian or public defender

The court shall appoint a special guardian or a public defender with the authority to grant his/her consent to the adoption of a minor or disabled child under any of the following circumstances:
(1) Has no father or mother.
(2) If abandoned or deserted by the parents.
(3) If the whereabouts of both or either parent is unknown.
(4) If the parents have been declared missing.
(5) If the parents are mentally disabled, [or] for any other reason, unable to consent to the adoption.
(6) In all other cases in which the court deems it necessary.
The Special Family Relations Advocate shall not be appointed as special guardian or public defender of the adoptee in the adoption proceedings.
History —Jan. 19, 1995, No. 9, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699g - Scheduling and holding of the first appearance

The court shall summon the parties for their first appearance, which must take place within thirty (30) days after the Department of the Family has been notified of the petition for adoption. Once the interested parties have been notified or subpoenaed to attend the hearing for the first appearance, they shall be admonished that should they fail to appear, the court may decree the adoption without further summons or hearing.
Once the interested parties have been notified or summoned to attend the hearing for the first appearance they shall be admonished that should they fail to appear, the court may decree the adoption without a further summons or hearing.
At their first appearance, the parties may present their opposition regarding the petition for adoption. The parties shall announce to the court all the evidence they shall present on the day of the hearing on its merits, including the name, address and telephone number of the witnesses who shall testify and a brief description of their testimony. Every document announced but not provided to the opposing parties shall be remitted to the parties within a term of not less than fifteen (15) days prior to the hearing on its merits.
During the first appearance the court shall schedule the date for the hearing on its merits. At the first appearance the court may declare the adoption petition to be in order. To do this, the report on the expert social study, and in the proper cases, the consent, under oath, be it written or given in open court, of those persons who are legally called upon to consent to the adoption, must be recorded in the files. The court must also be convinced that the adoption shall guarantee the welfare and the best interests of the adoptee.
History —Jan. 19, 1995, No. 9, § 8; Dec. 18, 2009, No. 186, § 37, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699h - Hearing on its merits

The hearing on its merits shall be held no later than thirty (30) days from the date of the first appearance. The [provision] herein is a mandate for strict compliance, indispensable to achieve the implementation of the public policy pursued by §§ 2699-2699s of this title for adoptions to be conducted expeditiously.
The hearing on its merits may consist of two (2) or more allegations concerning the nature of the proceedings and the matters to be resolved; in those cases in which the parents of the adoptee have not been previously deprived of patria potestad nor have they renounced the aforesaid voluntarily, a plenary hearing shall be held to that effect prior to the hearing on its merits for the second appearance, at which the presence of the adoptee shall not be required. During this hearing the father or the mother who is to be deprived of patria potestas shall be represented by an attorney.
At the hearing on its merits, all parties shall have the right to offer pertinent evidence to refute the documents and witnesses announced at the first appearance regarding [to] the adoption petition.
No interruptions, delays or suspensions of the scheduled hearing shall be allowed for any reason whatsoever, except should any of the aforesaid constitute an act of nature or force majeure, in which case evidence shall be duly provided to the court in writing and under oath. The unavailability of one of the attorneys or of a social worker shall not automatically constitute justification for the suspension of the adoption hearing.
The unjustified non-appearance of the parent, or parents or the special guardians or public defender with the power to appear in order to grant their consent to the adoption requested, shall be deemed to constitute full consent to the adoption petition. The intervention of any person who is not an interested party in the proceedings shall not be allowed during the adoption proceedings.
At the hearing on its merits the court may declare the adoption petition to be in order and the report on the expert social study, and in the proper cases, the consent, under oath, be it written or given in open court, of those persons who are legally called upon to consent to the adoption, shall be recorded in the files. The court shall also be convinced that the adoption shall guarantee the welfare and the best interests of the adoptee.
History —Jan. 19, 1995, No. 9, § 9.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699i - Presence of the adoptee; private nature of the hearings

Every adoptee shall be present in the room during the first appearance and the hearing on its merits, unless the court, at its discretion, deems it is not conducive to his/her welfare.
The hearings held in the adoption proceedings shall be private. The presence of the public shall not be allowed in the room in which said proceedings are held. The presence of persons at the hearing on the merits of any of these matters shall be limited to judicial officials, the interested parties, their legal representatives and the official representing the Department of the Family or the party contracted to render the expert social report.
History —Jan. 19, 1995, No. 9, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699j - Judicial adoption decree

The court shall issue the decree authorizing the adoption in every case in which it concludes that the requested adoption is conducive to the welfare and the best interests of the adoptee. Provided, That the prior relationship through ties of consanguinity, or affinity or provisional custody authorized by the Department of the Family or a competent court, shall be fundamental in the decision of the court.
The contents of the judicial decree shall provide for all that is necessary to establish the new filiation of the adoptee, with specific reference to the full name and surnames of the adoptee and the adopters as well as all other specific circumstances which will allow his/her registration in the Vital Statistics Registry with the information required by law.
The court shall include as part of the judicial adoption decree the contents of the new birth certificate of the adoptee, with its addenda, which shall be forwarded to the Vital Statistics Registry. This requirement is essential and indispensable for the validity and effectiveness of the judicial decree.
History —Jan. 19, 1995, No. 9, § 11; Aug. 12, 1996, No. 127, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699k - Notice and filing of the adoption decree

The judicial adoption resolution or decree shall be issued not later than five (5) days after the adoption hearing has been held. The judicial decree shall be notified exclusively to the parties interested in the proceedings related to the adoption and filed in the record. Said notice and filing shall be carried out not later than five (5) days from the date the adoption decree has been issued. Said notice shall be forwarded to the interested parties and the Bureau of Vital Statistics of the Department of Health. The notice to the former parent or parents of the adoptee shall make no reference whatsoever to the identity of the adopting parent or parents.
The abovementioned notice shall be sent to the address of record of each of the parties and their attorneys. The resolution issued shall be final and binding ten (10) days after the notice has been filed. Should there be no known or available address on record, the aforesaid notice shall be made through an edict published in a newspaper of general public circulation in Puerto Rico. The edict shall not contain any information which may identify the adoptee or the adopting parents. The resolution issued shall be final and binding ten (10) days after the edict has been published.
History —Jan. 19, 1995, No. 9, § 12.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699l - Birth registration of the adoptee born in Puerto Rico

It shall be the official duty of the person in charge of the Vital Statistics Registry to register the adoptee on the basis of the data provided in the addenda to the judicial adoption decree. The birth registration shall be signed by the adopting parents or by the adopting father or mother.
When the birth of an adoptee in Puerto Rico has been previously registered in the Vital Statistics Registry, said birth registration shall be replaced by a new registration stating the new legal status of the person registered as the son or daughter of the adopting father or mother or both.
History —Jan. 19, 1995, No. 9, § 13.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699m - Notice of the decree to the official authority when the adoptee was born outside of Puerto Rico

When the adoptee was born outside of Puerto Rico, the Clerk of the Court shall also notify the Registry of Vital Statistics of Puerto Rico through two (2) certified copies of the judicial adoption decree. In that case, the judicial decree shall also contain instructions for a copy thereof to be forwarded immediately and without delay to the Registry of Vital Statistics of the place of registry of the adoptee. Compliance of the notice requirement shall be stated in the case file.
History —Jan. 19, 1995, No. 9, § 14.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699n - Appeal

Any party adversely affected by the adoption decree may file an appeal at the Circuit Court of Appeals of Puerto Rico.
History —Jan. 19, 1995, No. 9, § 15.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699o - Death of the adopter during the adoption proceedings

If the [person] or persons who intend to adopt another should die once the proceeding has begun and even though the adoption decree has not yet been issued, the adoption shall be deemed as consented to. In those cases the court may approve the adoption; Provided, That, on the date of the death of the adopter or adopters, the adoptee has lived in the home of the aforesaid for at least six (6) months prior to their demise. The court shall notify the forced heirs and appoint a public defender for the adoptee and the proceedings shall continue their course until their completion. Should the forced heirs of the adopter or adopters wish to establish that deceased petitioner had desisted in consenting to the adoption between the period in which the petition was filed and his/her demise, they shall have the right to be heard in the adoption proceedings. In these cases the forced heirs of the deceased adopter or adopters shall bear the burden of proof.
History —Jan. 19, 1995, No. 9, § 16.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699p - Irrevocability of the adoption decrees

The adoption decree shall be irrevocable.
History —Jan. 19, 1995, No. 9, § 17.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699q - Voidability of the adoption decree

The adoption decree shall be voidable when the parties who have the right to be notified pursuant to the provisions of §§ 2699-2699s of this title have not been notified, or when flaws or defects in the consent of the biological father or mother have intervened, or when fraud has been committed against the court.
History —Jan. 19, 1995, No. 9, § 18.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699r - Term of expiration

The court action on the voidableness of the adoption decree must be instituted before the expiration of the term of six (6) months from the date the adoption decree becomes final and binding.
History —Jan. 19, 1995, No. 9, § 19; Dec. 18, 2009, No. 186, § 38, eff. 30 days after Dec. 18, 2009.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699s - Files

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.
History —Jan. 19, 1995, No. 9, § 20.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART II - Actions Concerning Minors or Incapacitated Persons (§§ 2661 — 2723) › Chapter 223 - Adoption (§§ 2691 — 2699t) › § 2699t - Recognition and validation of interstate and intercountry adoptions

(1) The interstate or intercountry adoption of a minor by a resident of Puerto Rico shall be recognized and validated by adoption decree in Puerto Rico. Such adoption cannot be contrary to the body of laws of Puerto Rico or violate the fundamental principles of human rights. Once the adoptee is in Puerto Rico, the adopting party shall file a petition for recognition and validation of adoption under oath at the Part of the Court of First Instance that corresponds to the place of residence of the adopting party, in which the following shall be recorded:
(a) The name(s) of the adopting party, age, occupation, civil status, place of residence, address, and telephone number.
(b) The original name and place of birth of the minor.
(c) The place of adoption and a description of the circumstances which led to the adoption, and
(d) The new name of the minor and his/her age.
(2) The petition shall include the following documents, which shall constitute sufficient proof of the legitimacy of the transaction in the State, territory or foreign country:
(a) A certification of executive order, deed, judgment or decree of adoption issued by the State, territory or foreign country, and if necessary, a certified translation thereof.
(b) An original or a certified copy of the document attesting to the birth of the minor issued by the state, territory or foreign country, and if necessary, a certified translation thereof.
(c) In the case of foreign adoption, a certification of the authorization by the federal government to admit the adoptee into American ground, evidence of which may be the certificate of citizenship, a permanent residence visa or the U.S. passport of the minor.
(d) A report on the expert social study conducted for interstate or foreign adoption duly certified by a licensed social worker.
The court, after having confirmed the authenticity of such documents, and after having evaluated the same, shall rule for the petition for adoption, in which case, the court shall issue an adoption decree. Registration of the adoptee in the special register of the Vital Statistics Registry shall be executed pursuant to that which is prescribed by law on the matter of persons born outside of Puerto Rico and by the Puerto Rico Vital Statistics Registry Act.
The provisions of this section shall also apply to interstate and intercountry adoptions in the course of transacting validation and recognition, as of the effective date of this act.
As for the validation and recognition of interstate and intercountry adoptions provided for in this section, proceedings shall be conducted within a term not greater than ninety (90) days from the date of having filed the petition for validation and recognition.
History —Jan. 19, 1995, No. 9, added as § 613Q on Dec. 18, 2009, No. 186, § 39, eff. 30 days after Dec. 18, 2009.