Summary.
The draft bill proposes amending Law 238 of 2021 to extend maternity employment protection to adoptive fathers and mothers. Its stated purpose is to safeguard the best interests of the adopted child and the child's right to join a safe and stable family environment. The extended protection is intended to support the child's emotional adjustment after joining the new family. Article 1 thus connects employment protection for adoptive parents with the child's integration into family life.
Article 2 adds Article 5-A to Law 238 of 2021. That provision recognizes the protection for adoptive fathers and mothers beginning with the formal placement of the child. It determines the duration by reference to the period that labor legislation establishes for biological mothers after childbirth. An employee or public servant covered by the protection could be removed from their position only for just cause, in accordance with applicable legislation. In the private sector, removal would also require prior authorization from the competent judicial authority. The proposal therefore ties the start of the protection to a formal step in the adoption and uses the statutory period following biological childbirth to determine how long the protection would last.
Article 3 adds Article 5-B to Law 238 of 2021 and sets requirements for applying the protection to adoptive parents. Applicants would have to submit a copy of the official adoption certificate issued by the competent authority, together with a marriage certificate or proof of a de facto union under Panamanian law. The protection would end automatically if the child dies. Although Article 5-A recognizes protection for both adoptive fathers and mothers, Article 5-B provides that it would be granted to only one of the adoptive parents. If the adoptive mother has formal employment and already enjoys the protection, it would not also be granted to the adoptive father. If the adoptive mother dies, the protection would extend to the father under the same parameters established in the draft bill.
Article 4 provides for the addition of Articles S-A and S-B to Law 238 of 2021. Article 5 sets commencement for the day after promulgation. The draft bill concerns the competent authority that issues the official adoption certificate and the judicial authority whose prior authorization would be needed for removal from private sector employment. Its provisions could affect adoptive fathers and mothers, adopted children, private sector employers, and public entities employing public servants.
What it proposes.
- Extension of maternity employment protection to adoptive fathers and mothers.
- Eligibility requirements and duration of adoption-related employment protection.
- Conditions for removing covered employees and public servants from their positions.
Who it would affect.
- Adoptive fathers and mothers.
- Employees and public servants who adopt a child.
- Private sector employers and public entities that employ public servants.
Key points.
- The stated purpose is to protect the adopted child's integration into family life by extending maternity employment protection.Art. 1
- Protection would begin upon formal placement of the child and last for the period provided for biological mothers after childbirth.Art. 2
- Removal from a position would require just cause and, in the private sector, prior judicial authorization.Art. 2
- Applicants would need a copy of the official adoption certificate and a marriage certificate or proof of a de facto union.Art. 3
- Protection would be granted to only one adoptive parent and would end automatically if the child dies.Art. 3
- If the formally employed adoptive mother already enjoys protection, the father would not receive it; if she dies, it would extend to him.Art. 3
- The final amendment provision states that Articles S-A and S-B are added to Law 238 of 2021.Art. 4
- Commencement is set for the day after promulgation.Art. 5