Bill 140.

Summary.

The bill sets out principles governing adoption, including the best interests of the child, identity and access to information about origins, preservation of sibling relationships, the adoptee’s right to be heard and to consent, and priority for domestic adoption. It refers to the Convention on the Rights of the Child and the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. It recognizes the right to live in a family and prevents lack of resources alone from serving as grounds for separation or loss of parental authority.

Where there is evident danger, the National Secretariat for Children, Adolescents and the Family (Secretaría Nacional de Niñez, Adolescencia y Familia) may take immediate protective measures, subject to judicial powers. It must provide psychosocial assistance, investigate family circumstances and request genealogical information from the National Civil Registry Directorate (Dirección Nacional de Registro Civil), with support from the Special Rights Protection Directorate (Dirección de Protección Especial de Derechos) and the National Police (Policía Nacional). If a suitable family alternative is found, it arranges reunification and monitoring. Otherwise, it seeks termination of parental authority and a declaration of adoptability or extends the investigation. The Civil Registry (Registro Civil) keeps information about origins confidential. Direct transfer of a child into another person’s care is prohibited, subject to the exception concerning Law 55 of 2017. Cases involving children whose parents are unknown go before a judge, with copies sent to the Public Prosecutor’s Office (Ministerio Público).

The bill defines adoption as a permanent protective measure and distinguishes domestic adoption, international adoption and adoption of a spouse’s or partner’s child. It prohibits direct transfers, improper selection of adopters, prohibited contact and benefits obtained through the process. It identifies who may be adopted and who may adopt, suitability requirements, required courses, and restrictions based on kinship and age. It governs joint and individual adoption, adoption of a former ward by a guardian, and management of an adoptee’s property. Adoption creates an irrevocable legal parent-child relationship and determines surnames and the timing of legal effects. The bill also governs foreign adoption decisions, consular protection and nationality in accordance with the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá) and the Family Code (Código de la Familia).

The National Secretariat for Children, Adolescents and the Family acts as the central authority through the National Adoption Directorate (Dirección Nacional de Adopciones). The bill assigns it responsibility for records, assessment of applications, supervision of collaborating bodies and monitoring. Parents wishing to place a child for adoption must receive counselling; a judge intervenes when they are unemancipated minors. A judicial declaration of adoptability precedes adoption, except in the specified case of adoption of a spouse’s child. The process consists of assessment, matching, preadoption care, judicial constitution of the adoption and subsequent monitoring.

Applications require documents concerning identity, marital status, financial means, health and criminal history, together with psychosocial assessments. The authority may seek additional information, review expert assessments and keep files confidential. Once applicants are declared suitable, they enter the Database of Suitable Prospective Adopters (Banco de Datos de Personas Adoptantes Idóneas). The Family Matching Committee (Comité de Asignación Familiar) decides on matches, supplies applicants with information about the child and allows the prescribed appeals. A technical team supports the initial relationship and supervises preadoption care. The judge then hears the application, holds a hearing, decides whether to grant adoption and directs registration with the National Civil Registry Directorate. The postadoption stage includes monitoring for three years.

International adoption requires guarantees from the receiving country, accreditation of collaborating bodies, additional documents and monitoring. The Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores) participates in protecting Panamanian children abroad and in procedures concerning international agreements. The bill governs nullity and penalties for improper benefits, failure to attend hearings and delays. It also provides for exceptional adoption of adults and adoption leave linked to maternity subsidy rules. It amends articles 369, 793 and 795 of the Family Code and adds provisions on investigations into family care alternatives. It provides for court-appointed child advocates, supplementary application of the Judicial Code (Código Judicial), and transitional rules for pending cases and children raised by foster families. It directs the National Assembly (Asamblea Nacional) to prepare a consolidated text and publish it in the Official Gazette. The provisions concern the Judiciary (Órgano Judicial), the Electoral Tribunal (Tribunal Electoral), the Ministry of Health (Ministerio de Salud), adoptive and foster families, child protection organizations and employers.