2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter II - Voluntary Surrender of Minors (§§ 1052 — 1062) › § 1053 - Adoption agreement requirements during pregnancy

The adoption agreement shall be executed, subject to the following requirements:
(1) The agreement shall establish who shall be responsible for paying any pregnancy-related expenses authorized under this chapter, which shall be understood to be medical, hospital, and nursing expenses; medications; lodging or traveling expenses if necessary during pregnancy and up to six (6) weeks after giving birth. These expenses may include any psychological or psychiatric counseling as required by the biological mother, as a result of placing her newborn child for adoption, as well as any others, provided these are not contrary to the provisions of this chapter, or morals or the public order. This responsibility shall only cover expenses not covered by the health insurance plan of the biological mother, be it private or provided by the Government of Puerto Rico. Should the biological mother not have a health insurance plan, the Government of Puerto Rico, pursuant to the public policy established in this chapter which seeks to foster adoption in Puerto Rico, shall provide the biological mother with a health insurance plan through the Puerto Rico Health Insurance Administration, as created by §§ 7001 et seq. of Title 24, known as the “Puerto Rico Health Insurance Administration Act”. Such coverage shall be in effect during the term established in this subsection.
(2) There shall be a statement of the intent of the adopting party to adopt the newborn child and to assume all the responsibilities which ensue from this chapter, regardless of any health condition with which the newborn child has been born.
(3) There shall be a statement of the intent of the biological mother to terminate her parental rights in favor of the adopting party, subject to her right to rescind the adoption agreement.
(4) There shall be a statement indicating that the biological mother understands and agrees to the fact that she is aware that the Department or an adoption agency shall assume legal and physical custody of the newborn child, as provided by law, if the adopting party should not complete the process for any reason.
(5) The adopting party shall make a statement acknowledging that the biological mother may terminate the adoption agreement and rescind her from [sic] consent to place her newborn child for adoption within seven (7) days following the birth of the child. Such term shall be understood as extended if, for any reason, the biological mother loses consciousness or if her decision-making capabilities are impaired after giving birth. Such loss of consciousness or impairment of capabilities shall be certified by a duly credited physician. If the biological mother should exercise her right to rescind, she shall be under the obligation to restitute the adopting party any expenses incurred pursuant to the agreement. Provided, further, That in such event, neither the Department nor the adoption agency, respectively, shall be responsible for restituting such expenses.
(6) In cases in which the biological mother or the biological father is a minor and is not emancipated pursuant to the body of laws in effect, his/her parents or guardians shall provide him/her with the legal capacity to give consent in order to meet the consent requirements established in this chapter.
(7) There shall be a statement attesting to the compliance with the provisions regarding the opportunity that shall be given to the biological father to claim his rights over the child, pursuant to that which is stated in this chapter.
(8) The adoption agreement may be open or closed, at the choice of the parties. The Department or the adoption agency, as the case may be, shall instruct the parties about these alternatives:
(a) 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 rescind. After such term, 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, subject to the provisions of § 1063 of this title, on the matter of the right of adopting parties to access confidential data on the Register.
(b) 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, subject to the provisions of § 1063 of this title, on the matter of the right of the candidate for adoption to access confidential data on the Register.
History —Dec. 18, 2009, No. 186, § 4, eff. 30 days after Dec. 18, 2009.