reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 505 - Limitation of action for recognition

The action for the recognition of natural children, can only be established during the life of the presumptive parents, and a year beyond their death except in the following instances:
(1) If the father or the mother shall have died during the minority of the child, in which case, the child may bring his action before the first four years of his having attained his majority, shall have elapsed.
(2) If after the death of the father or mother there shall appear a written statement or document, of which no notice was previously had, wherein the child is expressly recognized.
In this case the action shall be established within the next six months after the document has been discovered.
The recognition of a child not having the qualifications provided for in paragraph first of § 504 of this title can be disputed by whomsoever may be affected thereby.
History —Civil Code, 1930, § 126.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 506 - Rights of recognized natural child

A recognized natural child has the right:
(1) To use the surname of the parent making the recognition.
(2) To be supported by the same.
(3) To receive the hereditary portion determined in this title.
History —Civil Code, 1930, § 127.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 507 - Right of illegitimate children to support

The illegitimate children lacking the lawful qualification of natural children are only entitled to such support from their parents, as is prescribed in § 562 of this title.
History —Civil Code, 1930, § 128.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 63 - Illegitimate Children (§§ 501 — 509-514) › § 508 - Right of illegitimate children to support—When enforceable

The right to the support mentioned in the preceding section can only be exercised:
(1) Where the paternity or maternity is inferred from a final judgment rendered in a criminal or civil action.
(2) Where the paternity or maternity is shown by an indubitable document from the father or mother wherein the filiation is expressly recognized.
History —Civil Code, 1930, § 129.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 531 - Qualifications of the adopter

The adopter shall meet the following requirements as of the date the petition of adoption has been filed:
(1) Have resided uninterruptedly in Puerto Rico for at least six (6) months prior to the date on which the petition for adoption is filed.
(2) Be of legal age, except in the case in which two persons united by marriage adopt jointly, in which case it shall be sufficient for one of them to be of legal age, allowing for the other adopter to be a minor, but never being less than eighteen (18) years of age.
(3) Have legal capacity to act.
In those cases in which a spouse wishes to adopt the child of the other spouse, it shall be sufficient that upon the date the petition for adoption is filed, the adopter has been married to the father or mother of the adoptee for at least two (2) years, or that the adopting spouse is at least fourteen (14) years older than the minor adoptee.
History —Civil Code, 1930, added as § 130 on Jan. 19, 1995, No. 8, § 1; Dec. 16, 2011, No. 247, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 532 - Who may not adopt

(1) Persons declared incompetent by judicial decree shall not be able to adopt for the duration of the incompetence. In the case of a person sentenced to a term of imprisonment, that person shall not be able to adopt for the duration thereof.
History —Civil Code, 1930, added as § 131 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 533 - Who may and who may not be adopted

(1) Non-emancipated minors and minors emancipated by judicial decree or with the consent of the father, mother or parents with patria potestas, may be adopted.
(2) Who may not be adopted.— Those persons who have reached legal age as of the date an adoption decree is granted, even though they are minors at the time the petition for adoption is filed, may not be adopted. However, an unmarried emancipated minor or a person of legal age may be adopted, provided it is under one of the following circumstances:
(a) When the adopter has resided in the home of the adopters prior to having attained the age of eighteen (18) and said situation has continued to the date the petition for adoption is filed.
(b) When the adoptee is an emancipated minor who has never been married.
(3) Presently or formerly married persons, even though they may be minors.
(4) An ascendant of the adopter with a relationship of consanguinity or affinity.
(5) A guardian by his ward.
(6) A ward by his guardian, until the final and binding approval by judicial decree of the general and final guardianship account.
An adoption decreed in contravention of the provisions of this section shall be null and void.
History —Civil Code, 1930, added as § 132 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 534 - Number of adopters, joint adoption or individual adoption in the case of marriage

No one may be adopted by more than one person, except when the adopters are married to each other, in which case they shall adopt jointly.
A spouse may adopt individually in any of the following cases:
(1) When wishing to adopt the minor child of the other spouse.
(2) When separated from his/her spouse for at least two (2) months prior to the date the petition is filed, in which case the other spouse shall be notified of the petition.
The subsequent reconciliation of the married couple shall not impair the right of the petitioner to adopt individually, except when, by mutual agreement, the married couple may adopt jointly if the court so decrees, always giving prime consideration to the welfare and comfort of the adoptee.
(3) When the legal capacity of the spouse of the adopter has been restricted by judicial decree, and for the duration of said restriction, in which case, the other spouse shall be notified of the petition.
The court shall have discretion to resolve situations such as those provided in this section, always using as a guide its decision, the welfare and convenience of the minor.
History —Civil Code, 1930, added as § 133 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 535 - Persons called upon to consent to adoption

The following persons shall give consent to adoption before the court:
(1) The adopter or adopters.
(2) The adoptee over ten (10) years of age.
(3) The father, mother or parents of the adoptee who, at the moment of the adoption, possesses his/her patria potestas, as well as the father or mother who due to a divorce decree does not possess the patria potestas of a minor. Said consent shall not be required in the following cases:
(a) When both or either parent have been deprived of patria potestas according to the provisions of §§ 632—634c of this title, and pursuant to any other legal provisions in effect that apply to these cases.
(b) When the adoptee is a minor emancipated by judicial decree or granted by the father, mother or parents with patria potestas; and when the adoptee is duly qualified for adoption.
(c) When the father, mother or parents called upon to consent are disqualified by judicial decree, or when their whereabouts are unknown or they are declared absent from the jurisdiction of Puerto Rico.
(4) The father or mother who, on the date the petition is filed, has acknowledged the minor to be adopted as his/her child.
(5) The Secretary of the Department of the Family, when a non-emancipated minor to be adopted is under his/her guardianship and care and whose father, mother or parents have been deprived of patria potestas.
(6) The special or legal guardian designated for the purpose of consenting to the adoption.
(7) The parents who are minors, but over eighteen (18) years of age, who are married to each other on the date the adoption petition is filed.
(8) The biological grandparents when the biological parents are non-emancipated minors. In their absence, the court shall appoint a public defender for the biological parents.
History —Civil Code, 1930, added as § 134 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 536 - Power to recommend adoption of non-emancipated minors under State care

The Secretary of the Department of the Family may initiate the adoption process of a minor under his/her guardianship on behalf of an adopter, when he/she deems it convenient in the best interests and welfare of the minor, provided the parents or guardians of the aforesaid have renounced patria potestas or guardianship, or when the court has deprived them of patria potestas or guardianship for any of the grounds established in this Code.
History —Civil Code, 1930, added as § 135 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 537 - Number of adoptees

The adopter or adopters may adopt one or more minors, simultaneously or successively, provided they meet the requirements established by law and it is done for the welfare and comfort of the adoptee.
History —Civil Code, 1930, added as § 136 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 538 - Effects and consequences of a final and binding adoption decree

Once the adoption has been decreed, the adoptee shall be deemed for all legal purposes as the child of the adopter, with all the rights, duties and obligations corresponding to it, by law. Adoption by final and binding decree shall extinguish any legal nexus between the adoptee and his/her former biological or adoptive family.
The adoptee shall retain all rights acquired prior to the date of issue of the adoption decree under his/her former ties as member of his/her former family. The determination of filiation of the adoptee which occurs subsequent to the adoption decree shall not affect the adoption already in effect, nor the adoptee and his/her adopting family.
History —Civil Code, 1930, added as § 137 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VI - Paternity and Filiation (§§ 441 — 539) › Chapter 65 - Adoption (§§ 531 — 539) › § 539 - Continuity of nexus with former family

The provisions of § 538 of this title notwithstanding, the legal nexus of the adoptee with his/her former paternal or maternal family shall continue when the adoptee is the child of the spouse of the adopter, even though the father or mother may have died by the date on which the adoption petition is filed, or when the adoptee is the issue of a single filiation and is adopted by a person of a different sex than that of the parent who has acknowledged him/her as his/her child.
The rupture and extinction of the legal nexus of the adoptee with his/her former family, and the birth of such a nexus with the family of the adopter shall be understood to be without prejudice of the regulations on legal impediments and prohibitions to contract marriage in Puerto Rico. An adoptee shall not marry a relative of his former family that he/she would not have been able to marry if the adoption had not taken place.
The criminal liability of the adoptee regarding crimes against the family and civil status with regard to his/her former biological family, shall continue being the same as provided in the body of laws in effect, as though the adoption had not been decreed, should it be proven that the adoptee was cognizant of his/her kinship with the victim of incest.
The adoptee shall acquire the family names of the adopter or the adopting couple, except when otherwise determined by the court for just cause.
History —Civil Code, 1930, added as § 138 on Jan. 19, 1995, No. 8, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 561 - Support defined

Support is understood to be all that is indispensable for maintenance, housing, clothing and medical attention, according to the social position of the family.
Support also includes the education and instruction of the person supported when he is a minor.
History —Civil Code, 1930, § 142.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 562 - Persons obliged to support each other

The following are obliged to support each other within the full meaning of the preceding section:
(1) Husband and wife.
(2) Legitimate ascendants and descendants.
(3) The adopter and the person adopted and their descendants.
Brothers and sisters also owe their legitimate brothers and sisters, even when only on the mother’s or the father’s side, the aid necessary to maintain their existence, when, through a physical or mental defect or for any other cause not the fault of the person requiring support, the said person cannot provide for himself. With such support are included the expenses necessary for the elementary education and teaching of a profession, art or trade.
History —Civil Code, 1930, § 143; May 14, 1947, No. 449, p. 948; Sept. 11, 1979, No. 5, p. 958, § 1, eff. Sept. 11, 1979.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 563 - Priority of claims for support

A claim for support, when proper and when there are two or more persons who are bound to give it, shall be made in the following order:
(1) To the husband or wife.
(2) To the nearest descendants.
(3) To the nearest ascendants.
(4) To brothers or sisters.
Among descendants and ascendants the gradation shall follow the order in which they are to inherit the legitime of the person having the right to be supported.
History —Civil Code, 1930, § 144.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 564 - Support by or for two or more persons

When the obligation to support devolves upon two or more persons, the amount that each shall pay shall be proportioned to his respective estate.
Nevertheless, in cases of urgent necessity and under special circumstances, the judge may order one of them to provisionally provide such support, and he shall have the right to reclaim from the others their corresponding part of the amount.
When two or more persons claim support at the same time of a person lawfully obliged to give it, and the latter have not sufficient fortune to attend to the needs of all, the order established in the preceding section shall be observed, unless the persons requiring support be the husband or wife and a child subject to patria potestas, in which case such husband or wife shall be preferred to the child if they be the mother or father of such child, and if not, the support shall be divided equally between them.
History —Civil Code, 1930, § 145.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 565 - Amount of support

The amount provided for support shall be proportioned to the resources of the person giving such support and to the necessities of the party receiving it, and shall be reduced or increased in proportion to the resources of the former and the necessities of the latter.
History —Civil Code, 1902, § 216.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 566 - Beginning of obligation; time of payment

The obligation to provide child support shall be [required] from the time the person who has the right to receive it needs the same in order to survive, but it shall not be paid except from the date the claim is filed.
Payment is verified for months in advance, and when the recipient of child support dies his/her heirs shall not be obligated to reimburse what the aforesaid has received in advance.
Child support payments shall begin to accrue legal interest for delinquency from the moment sentence is pronounced or, if from month to month, from the time the obligation became due or should have been met.
History —Civil Code, 1930, § 147; Dec. 17, 1993, No. 131, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 567 - Form of support

The person obliged to render support may, if he so elects, either pay the amount required to be paid, or receive and maintain in his own dwelling the person having a right to such support.
The option granted to the supporter to receive and keep the one supported in his own home may be refused by him by virtue of legal, moral or social reasons or for any reasonable cause that justifies the refusal of the offer.
History —Civil Code, 1930, § 148; Sept. 11, 1979, No. 5, p. 958, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 568 - End of obligation; waiver, transfer, or set off

The obligation to give support ceases with the death of the person obliged to give it, even when given in fulfilment of a final judgment.
The right to receive support cannot be relinquished or transmitted to a third party. Neither shall such support be set off against any amount owing by the recipient to the person obliged to give it.
History —Civil Code, 1930, § 149.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 569 - Other causes ending obligation

The obligation to give support shall also cease:
(1) With the death of the recipient.
(2) When the fortune of the person obliged to give it shall have been reduced so that he cannot do so without disregarding his own needs and those of his family.
(3) When the recipient is capable of working at a trade, profession or industry, or has obtained employment or bettered his fortune, so that he does not stand in need of the amount given for support.
(4) When the recipient, whether or not a forced heir, shall have committed any of the offenses which may be a cause for disinheritance.
(5) When the recipient is a descendant of the person obliged to give support and the necessity therefor arises from wrong conduct or lack of application to work, during the time such cause exists.
History —Civil Code, 1930, § 150.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VII - Support of Relations (§§ 561 — 570) › Chapter 71 - Rights and Duties to Support (§§ 561 — 570) › § 570 - Application of provisions to other cases

The preceding provisions are applicable to other cases in which by this code, by will or by compact, a right to support may arise, excepting what is stipulated, ordered by the testator or provided by law for the special case under consideration.
History —Civil Code, 1930, § 151.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 75 - General Provisions (§§ 591 — 591a) › § 591 - Patria potestas over children

The patria potestas over unemancipated children belongs to both parents, jointly, and in case of emergency may be exercised solely by the parent having the guardianship of the minor at the time of such emergency.
Every public or private hospital shall accept the consent of either one of the parents with patria potestas over their unemancipated children in case of emergency medical treatment and surgery recommended by an authorized physician. The Secretary of Health shall establish the administrative procedures needed to comply with such provisions.
The patria potestas shall belong to only one of the parents when:
(1) the other has died, is absent or is legally incapacitated;
(2) only one has recognized or adopted the child.
History —Civil Code, 1930, § 152; June 2, 1976, No. 99, p. 295; May 27, 1980, No. 1, p. 865.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 75 - General Provisions (§§ 591 — 591a) › § 591a - Rights of Grandparents, Uncles, and Aunts

After the dissolution of the family unit, when a parent dies, or as a result of a divorce, separation, or annulment of the marriage, parents or guardians with legal and physical custody of a non-emancipated minor shall not, without just cause, prevent the latter from maintaining a relationship with his/her grandparents, aunts, or uncles.
In the case of a non-emancipated minor born out of wedlock, neither the father, the mother, nor the guardian holding the legal or physical custody of said minor, shall prevent the latter, without just cause, from maintaining a relationship with his/her grandparents, uncles, or aunts.
In case there is opposition from the father, mother, or guardian holding the legal or physical custody of a non-emancipated minor, the standing of grandparents, uncles, or aunts to appear before the judge who shall decide on the matter taking into account the special circumstances of each case and the interests and wellbeing of the minor is hereby recognized.
History —Civil Code, 1930, added as § 152A on Dec. 22, 1997, No. 182, § 1; § 1; Jan. 18, 2012, No. 32, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 77 - Effects of Patria Potestad on Children (§ 601) › § 601 - Duties and powers of parents

The father and the mother have, with respect to their children not emancipated:
(1) The duty of supporting them, keeping them in their company, educating and instructing them in accordance with their means, and representing them in the exercise of all actions which may redound to the benefit of such children.
(2) The power to correct and punish them moderately.
History —Civil Code, 1930, § 153.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 611 - Administration of property

In the absence of a judicial decree to the effect, the administration of the property of children under patria potestas belongs jointly to both parents or to the one who has the minor under his or her guardianship and potestas.
History —Civil Code, 1930, § 154; June 2, 1976, No. 99, p. 295.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 612 - Property acquired by labor of child or for valuable consideration

Property acquired by an unemancipated child by labor of industry, or for any valuable consideration, belongs to the said child, but the usufruct thereof belongs to the parents having potestas over him whilst he lives in their company; but if the child, with the consent of his parents, lives independently, he shall be deemed emancipated for all effects as regards the said property, and he shall be the full owner and have the usufruct and administration thereof.
History —Civil Code, 1930, § 155.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 613 - Property acquired with capital of parents

Whatever property the child may acquire with the capital of each of his parents belongs in property and usufruct to both parents jointly, or to whoever has the patria potestas and custody of the minor. But if the parents, or any one of them, assigns to the child the whole or part of his gains, the same shall not be charged against his inheritance.
History —Civil Code, 1930, § 156; July 21, 1977, No. 10, p. 560.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 614 - Property donated or willed for education

Property or income donated or bequeathed for the education and instruction expenses of an unemancipated child shall belong to him in property and usufruct, but both parents jointly, or the parent who exercises the patria potestas and custody of the child shall have the administration thereof, unless it is otherwise provided in the donation or legacy, in which case the will of the donors shall be strictly followed.
History —Civil Code, 1930, § 157; July 21, 1977, No. 10, p. 560.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 615 - Obligations of parents

The parents, as regards the property of a child in which they possess the usufruct or administration, have the same obligations as any other usufructuary or administrator, as well as the special obligations on legal mortgage established in the Mortgage Law.
An inventory shall be made, with the intervention of the prosecuting attorney, of the property of children of which the parents have only the administration; and, on petition of the said public attorney, the Court of First Instance may decree that the securities belonging to the child be placed in deposit.
History —Civil Code, 1930, § 158.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 616 - Alienation or encumbrance of property prohibited

The exercise of the patria potestas does not authorize either of the parents to alienate or lay any encumbrance upon real property of any kind, or personal property belonging to the child, the value of which exceeds two thousand (2,000) dollars, and is under the administration of both, or either, of the parents, without the previous authorization of the Court of First Instance wherein the property is located, after the necessity and utility of the alienation or encumbrance is verified, and according to the provisions of the law regarding special legal provisions.
Notwithstanding the provisions of the preceding paragraph, no judicial authorization shall be required for the sale of produce from a rustic farm’s last crop.
For the execution of real property-lease contracts of over six years, including those for advances for agricultural purposes and grinding of cane, authorized by §§ 164-180 of Title 5, the authorization provided for in the preceding paragraph shall also be required; but in no case shall the lease or contract be entered into, nor the authorization for the lease be granted, for a period of time in excess of that required for the child, not otherwise disabled, to become of age.
History —Civil Code, 1930, § 159; May 31, 1972, No. 58, p. 132; July 21, 1977, No. 10, p. 560, eff. July 21, 1977.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 617 - Appointment of person to defend interests

Whenever both parents or any one of them have interests opposed to those of their unemancipated children in any matter, the Court of First Instance shall appoint a defender for the latter, who shall represent them in or out of Court.
The Court of First Instance shall appoint as defender, on petition of either parent, the minor himself, the prosecuting attorney, or any other person capable of appearing in a suit, the minor’s relative, who would act as his legal tutor in a proper case, and in his absence, to another relative or any other person.
History —Civil Code, 1903, § 160; July 21, 1977, No. 10, p. 560.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 618 - Acknowledged or adopted children

Parents acknowledging or adopting children do not acquire the usufruct of the property of such acknowledged or adoptive children, nor shall they have the administration thereof, unless they give bond as security for the results of such administration, to the satisfaction of the part of the Court of First Instance of the domicil of the minor, or of the persons who must concur in said adoption.
History —Civil Code, 1930, § 161.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 79 - Effects of Patria Potestas upon Property of Children (§§ 611 — 619) › § 619 - Usufruct in case of divorce

In case of divorce, the usufruct of the property of unemancipated children shall belong, in accordance with the provisions of the preceding sections, to the parent having the minor under his potestas and guardianship.
History —Civil Code, 1930, § 162; June 2, 1976, No. 99, p. 295.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 631 - Termination of patria potestas

Patria potestas ends:
1. With the death of the parents or of the child.
2. Through emancipation of the child.
3. By adoption of the child by another.
History —Civil Code, 1930, § 163.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 632 - Dissolution of marriage

After the marriage has been dissolved for whatever cause, the father or mother who voluntarily abandons the children for a period of more than six months shall lose the patria potestas: The court may mediate before the expiration of said term when special circumstances concur that so warrant. In order to decree the loss of patria potestas, there shall be brought a declaratory action before the part of the Court of First Instance of the place where the minor or minors reside, upon prior complaint made by the ex-spouse, the prosecutor or any of the persons called upon to exercise the legal tutorship, and provided the Court, after hearing the proper evidence, deems it convenient for the benefit of the minor or minors; Provided, That the father or mother, if any, already deprived of the patria potestas, may also request that the corresponding tutor be appointed.
History —Civil Code, 1930, § 164; May 15, 1931, No. 95, p. 576; Mar. 30, 1939, No. 14, p. 322; June 2, 1976, No. 99, p. 295.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 633 - Suspension of patria potestas

The patria potestas is suspended for incapacity or absence judicially declared.
History —Civil Code, 1930, § 165; June 2, 1976, No. 99, p. 295.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 634 - Termination or suspension by court for misconduct

Patria potestas entails the obligation of fulfilling it responsibly, as a good head of the family, pursuant to § 601 of this title and any special laws that apply, and to look after the welfare and the best interests of the minor.
When patria potestas is [disallowed], suspended or restricted, the court may also [disallow] the parent in question, or both parents, of the administration and usufruct of the child’s property; it shall appoint a guardian, if necessary, and adopt all measures it may deem convenient for the protection of the minor.
History —Civil Code, 1930, added as § 166 on Jan. 19, 1995, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 634b - Deprivation of patria potestas due to mental or emotional disease or condition

The court shall deprive a father or a mother of patria potestas, at the request of a party, or motu proprio, if either the father or the mother, as the case may be, suffers a disease or a mental or emotional defect or condition, or alcoholism, or addiction to controlled substances, or if they display conduct which makes them incapable of, or prevents them from providing supervision, and physical, mental and emotional care to the minor; except when it is positively shown that the above conditions can be attended to within a reasonably short period of time. In order to determine what a reasonable period of time is, the court shall take into consideration the condition involved, the age of the minor and of the father and the mother, and the circumstances, as a whole, that prevail in the home to which the shall return, should the father or the mother not be deprived of patria potestas.
History —Civil Code, 1930, added as § 166B on Jan. 19, 1995, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART VIII - Patria Potestad (§§ 591 — 634c) › Chapter 81 - Manner in Which Patria Potestas Ends (§§ 631 — 634c) › § 634c - Deprivation of patria potestas by court

The court shall deprive any person of de jure or de facto guardianship for any of the grounds or circumstances stated in § 634a and 634b of this title.
History —Civil Code, 1930, added as § 166C on Jan. 19, 1995, No. 8, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 661 - Object of tutorship

The object of tutorship is the custody of the person and property, or of only the property, of such persons who, not subject to patria potestas, are incapable of governing themselves.
History —Civil Code, 1930, § 167.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 662 - Persons subject to guardianship

The following are subject to guardianship:
(1) Minors not lawfully emancipated.
(2) Demented or insane persons, although they may have lucid moments, and deaf-mutes who cannot understand or communicate effectively by any means.
(3) Prodigals or habitual drunkards declared [as] such by final judgment.
(4) [Repealed. Act Jan. 10, 1998, No. 17, eff. Jan. 10, 1998.]
(5) Those who, upon firm and final judgment, have been declared drug addicts.
History —Civil Code, 1930, § 168; Dec. 14, 1994, No. 140, § 2; Jan. 10, 1998, No. 17, § 2; Jan. 11, 1998, No. 29, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 663 - Single tutor

Tutorship shall be exercised by a single tutor.
History —Civil Code, 1930, § 169.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 664 - Renunciation of office

The office of tutor cannot be renounced unless for a lawful cause duly shown.
History —Civil Code, 1930, § 170.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 665 - Care of person and property by attorneys or district attorneys

The attorney of the Family Relations Court or the District Attorney in districts where there is no Family Relations Court, of the place in which persons subject to tutorship reside, shall provide for the care of such persons and their personal property until a tutor shall be appointed, when there are no other persons lawfully under such obligation.
History —Civil Code, 1930, § 171; July 20, 1979, No. 132, p. 314, eff. July 20, 1979.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 666 - How tutorship conferred

Tutorship is conferred:
(1) By will.
(2) By the law.
(3) By a competent court.
History —Civil Code, 1930, § 172.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 85 - General Provisions (§§ 661 — 667) › § 667 - Registry of tutorships

The tutor shall not enter upon his duties without his appointment having been recorded in the registry of tutorships.
History —Civil Code, 1930, § 173.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 681 - Appointment—Will of parents

The father or the mother may appoint a tutor in their will for their minor children and those of legal age who are incapacitated, provided they are not under the authority of another person.
History —Civil Code, 1930, § 174; June 3, 1983, No. 71, p. 152, § 1,.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 682 - Appointment—Person leaving inheritance or legacy

Any person leaving an inheritance or legacy of importance to minors or incapacitated persons may appoint a tutor for the administration of such property. Such appointment shall not hold, however, until the inheritance or legacy shall have been accepted by the father, the mother, or the tutor of the minor, with the approval of the proper part of the Court of First Instance.
History —Civil Code, 1930, § 175.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 683 - Appointment—Surviving father or mother

The surviving father or mother may appoint a tutor for each one of their children, and they may appoint various persons in order that they may substitute each other. In case of doubt, a single tutor shall be deemed to have been appointed, and the first of those named in the appointment shall be entrusted with the tutorship.
History —Civil Code, 1930, § 176.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 684 - Several tutors for same person

If different persons have designated a tutor for the same minor or incapacitated person, the office shall be determined in the following order:
(1) The one designated by the parent that last exercised parental authority (patria potestas).
(2) The one named by the nonrelated person that may have instituted the minor or incapacitated person as heir, if the amount of the estate is of importance.
(3) The one designated by the person having a charge of importance.
If, there is more than one tutor in either of the subsections (2) and (3) of this section, the court will decide who shall have preference.
History —Civil Code, 1930, § 177; June 3, 1983, No. 71, p. 152, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 87 - Testamentary Tutorships (§§ 681 — 684a) › § 684a - Order of preference

If, while a tutor is in the exercise of his office, the one designated by the father or mother is found, tutorship will be transferred immediately. If the tutor that is found is the one designated by a nonrelated person, according to subsections (2) and (3) of the previous section, he will be limited to administering the estate of the person who designated him, while the tutorship that is in office, is not vacated.
History —Civil Code, 1930, § 177A, added June 3, 1983, No. 71, p. 152, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 701 - Tutorship of minors—Who may exercise

In default of a testamentary tutor appointed by either of the parents, the legitimate tutorship of unemancipated minors shall belong to the person the Court may designate from among the persons mentioned below, keeping in mind the minor’s best interests and welfare.
(1) Any of the grandparents.
(2) Any of the brothers or sisters.
History —Civil Code, 1930, § 178; May 30, 1976, No. 83, p. 258; July 21, 1977, No. 6, p. 552.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 702 - Tutorship of minors—Orphans or abandoned and handicapped children

The Director of the institution or division who is legally entrusted with the duty of looking after orphans or abandoned and handicapped children shall be their tutor. The legal representation of said official in his capacity as tutor shall be assumed by the prosecutor.
History —Civil Code, 1930, § 179; July 20, 1979, No. 119, p. 286.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 703 - Guardianship of insane persons and deaf-mutes—Court order

No guardian may be appointed for an insane or demented person or a deaf-mute who is unable to understand or communicate effectively by any means, unless the appointment is preceded by a statement made by the Court of First Instance of his/her domicile, that the person is not legally qualified to administer his/her property.
History —Civil Code, 1930, § 180; May 6, 1983, No. 26, p. 48, § 2; Dec. 14, 1994, No. 140, § 3; Jan. 10, 1998, No. 17, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 704 - Guardianship of insane persons and deaf-mutes—Who May petition for decree

The said decree may be petitioned for by the husband or wife and relatives of the person presumed to be incapable and who have the right to succeed him in case he dies intestate.
History —Civil Code, 1930, § 181.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 705 - Guardianship of insane persons and deaf-mutes—Petition by prosecuting attorney; relatives

The prosecuting attorney shall demand such decree:
(1) When the person is a raving maniac.
(2) When none of other persons mentioned in the preceding section are living or when they do not make use of the right therein granted them.
(3) When the husband or wife and the heirs of the person presumed to be incapable are minors or lack the status required to enable them to appear in a suit.
The proper part of the Court of First Instance shall, in all such cases, appoint a next friend for the persons presumed to be incapable and who does not wish or is unable to defend himself. In other cases, the prosecuting attorney shall act as next friend.
History —Civil Code, 1930, § 182.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 706 - Guardianship of insane persons and deaf-mutes—Opinion of experts and other proof

The Court shall, before decreeing the incapacity of any person, hear the opinion of one or more physicians and admit such other proof as it may deem necessary, such as the report on the socio-economic condition of the ward or tutor, subscribed by the Special Solicitor of Family Relations or by the Attorney General’s Office.
History —Civil Code, 1930, § 183; May 6, 1983, No. 28, p. 50.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 1 - Persons (§§ 81 — 984) › PART IX - Guardianship (§§ 661 — 879) › Chapter 89 - Guardianship by Effect of Law (§§ 701 — 722) › § 707 - Guardianship of insane persons and deaf-mutes—Juridical statement of incapacity

The statement of incapacity must be made summarily and upon verbal appearance before the Court of First Instance. The one that refers to deaf-mutes who are unable to understand or communicate effectively by any means, shall fix the extent and limits of guardianship according to their degree of incapacity.
History —Civil Code, 1930, § 184; Dec. 14, 1994, No. 140, § 4, 7; Jan. 10, 1998, No. 17, § 4.