Current Version
| Region | Puerto Rico |
| Issue | Same-sex adoption |
| Status | Single only |
| Start Date | past |
| End Date | Jan 1, 2018 |
| Description | Any individual may adopt, but only different-sex couples may joint-adopt. Second-parent adoption is not permitted via case law. |
| Sources | www.lambdalegal.org/states-region/puerto-rico Ex Parte A.A.R., 2008 WL 4673279 (T.C.A. Aug 29, 2008) |
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Revision History (2)
| Original entry | |
|---|---|
| Status | Single only |
| Start Date | past |
| End Date | now |
| Description | Any individual may adopt, but only different-sex couples may joint-adopt. Second-parent adoption is not permitted via case law. |
| Sources | www.lambdalegal.org/states-region/puerto-rico Ex Parte A.A.R., 2008 WL 4673279 (T.C.A. Aug 29, 2008) |
Reports (9)
- Status is not correct "Same sex couple adoption is allowed
http://www.lgbtqnation.com/2015/12/puerto-rico-for-first-time-allows-same-sex-couple-to-adopt/"
- Note field is incorrect "It’s outdated . It’s legal now since 2018."
- Note field is incorrect
- Newer law has been passed "New public law 61-2018, reorganized the procedure for adoptions in Puerto Rico. This new law removed the text that excluded single parents from adopting the child of their partners. This was in place to exclude same-sex couples from adopting since previous to the Supreme Court ruling they could not marry. The new text permits single parents to adopt as well as any married couple or those united by an analogous relationship of affection.
Here is one of the articles amended by the new law:
Article 133.-Number of adopters; joint or individual adoption
An adopter may adopt individually or as a single person. Adopters who are married to each other or who are a couple united by relationship of affection analogous to conjugal, must adopt together.
In the cases of marriages or a couple united by a relationship of affection analogous to conjugal, may adopt individually in any of the following cases:
1. When you want to adopt the underaged child of the other spouse or partner.
2. When by judicial decree the spouse of the adopter has his legal capacity restricted, while said restriction is in effect, in which case said request of another spouse shall be notified.
The Court shall have discretion to resolve situations such as those provided in this Article, always having as a guide for its decision the welfare and convenience of the minor.
Source: Office of Legislative Services of Puerto Rico, http://www.oslpr.org/2017-2020/leyes/pdf/ley-61-27-Ene-2018.pdf
"
- Status is not correct "Same sex couples in Puerto Rico can adopt jointly"
- Status is not correct "With the Supreme Court Ruling, the Dept of Family cannot take in mind if the couple adopting is a same sex couple. Applies to Step-parent adoption as well."
- Newer law has been passed
- Status is not correct "it is legal since 2011"
- Status is not correct "As of July 13, 2015, a policy has been put in place allowing same-sex couples to joint adopt. The first successful adoption was approved in Puerto Rico on December 10, 2015."