2023 Laws of Puerto Rico › TITLE EIGHT - Public Welfare and Charitable Institutions (§§ 1 — 1422) › Chapter 41 - Comprehensive Adoption Proceedings Reform Act (§§ 1051 — 1072) › Subchapter V - Placement of Minors with Adopting Parties (§§ 1071 — 1072) › § 1071 - Placement agreement; adoption proceeding

The Department shall diligently promote the termination of the parental rights from biological parents or from the party who holds such custody, in all cases in which the minor is intended for permanent adoption. Once the Department assumes parental rights over the minor, the Department or the adoption agency duly licensed by the Department shall execute a placement agreement prior to terminating parental rights over the minor from his/her biological parents or the party who holds such custody. In such cases, the placement agreement shall set forth that the relinquishment of parental rights over the minor from his/her biological parents has not yet taken place.
Immediately after the placement agreement has been executed, the Department, the adoption agency or the adopting party shall institute adoption proceedings, pursuant to the provisions of §§ 2699 et seq. of Title 32. For such purpose, the Department or the adoption agency shall expeditiously render a report on the expert social study to the court in order to award the petition. Only expert social studies with over one (1) year of effectiveness shall be updated. The Department or adoption agency shall immediately notify the adopting party of any proceedings instituted in relation to the minor, to which the adopting party is not a party.
Regarding adoption agreements executed during pregnancy, the Department shall exercise due diligence to identify the biological father and to notify him of his rights, pursuant to that which is established in this chapter. The Department shall assume parental rights over the minor as of the date of his/her birth. The placement of the minor shall be carried out pursuant to the adoption agreement executed with the adopting party. After the seven (7)-day rescission term has elapsed, the Department, the adoption agency or the adopting party shall institute adoption proceedings pursuant to the provisions of §§ 2699 et seq. of Title 32. For such purpose, the Department or the adoption agency shall expeditiously render a report on the expert social study to the court in order to award the petition. Only expert social studies with over one (1) year of effectiveness shall be updated. The Department or adoption agency shall immediately notify the adopting party of any proceedings instituted in relation to the minor, to which the adopting party is not a party.
As for instances of voluntary surrender of a minor, the Department shall assume parental rights upon execution of the agreement. The Department shall exercise due diligence in identifying the recorded father or mother who has not agreed to surrender such minor and notify him/her of his/her rights, pursuant to that which is established in this chapter. After the fifteen (15)-day rescission term has elapsed, the Department, the adoption agency or the adopting party may execute a placement agreement. Subsequently, any of the above may initiate adoption proceedings pursuant to the provisions of §§ 2699 et seq. of Title 32. For such purpose, the Department or the adoption agency shall expeditiously render a report on the expert social study on the adopting party. Only expert social studies with over one (1) year of effectiveness shall be updated. The Department or adoption agency shall immediately notify the adopting party of any proceedings instituted in relation to the minor, to which the adopting party is not a party.
Adopting parties who have executed an adoption agreement or a placement agreement with the Department may:
(1) File a petition for adoption pursuant to that which is established in §§ 2699 et seq. of Title 32.
(2) Intervene as a party in any proceedings concerning the minor, such as actions for filiation and contest of termination of parental rights, among others. To such effect, they may present expert proof, among others.
(3) Request the consolidation of other court proceedings concerning the minor together with the court proceedings for adoption.
History —Dec. 18, 2009, No. 186, § 22, eff. 30 days after Dec. 18, 2009.