|
| We, Mr. Enda Francis Scott, Irish Citizen, Spanish
Resident since 1989 and Ms. Catherine Boardman, British Citizen, Spanish
Resident since 1989, were married in Spain, in Seville on the 21/12/92. We have
the corresponding "Libro de Familia" issued by the Spanish Department of
Justice. We began the paperwork, the home study, for an international adoption
on 15/04/02 through the corresponding department of Social Services in the
local Government, "Junta de Andalucía, Consejería de Asuntos
Sociales". On 29/05/2003 we were approved to adopt in Colombia and given what in Spain is termed a "Certificado de Idoneidad". On 02/04/2004 we were accepted on a waiting list for international adoption in Colombia, for two brothers/sisters under 5 years of age. On 21/04/2004 we were informed by our Adoption Agency of a similar case of a British couple, also Spanish residents, who were in Colombia to adopt. Their adoptive children have been refused a visa to enter Spain, the country of residence of their adoptive parents, as those parents were non-Spanish nationals. We have been told that a temporary solution was offered by the British Consulate and these children were granted a visa to enter Britain. It appears that it took the good will of a local MP to speed up what could be the lengthy process of achieving British nationality for them. Only then, as EU citizens, were they allowed to enter Spain, the country of residence of their parents, their home. When we first inquired about adopting some five years ago one of our first questions was whether or not our nationality would pose a problem for the adoption. We were told that it was not an issue and would not be a problem. We confirmed that on more than one occasion as the process developed. We have a document from the Spanish Police allowing our future adopted children entry into Spain and a letter from the local authorities promising to keep track of the future welfare of our adopted children. Nevertheless, it appears that there was no communication between different ministries and between ministries and the local government authorities authorised to process adoptions. When the problem came to light initial reactions varied: the local authority claimed that they had acted correctly and there was no problem with the adoption while the Spanish Foreign Ministry by telephone to us personally and also to the Irish Embassy in Madrid simply said that foreign couples living in Spain cannot proceed with an International adoption. Weeks of enquiries at all levels have brought us to the conclusion that while there is a major problem there is also a clear lack of will to find a short term solution for our case in Spain. This was confirmed by two phone calls to the office of the Ombudsman for Andalucía on the 16 ad 17 of June, 2004. These conversations effectively outlined the case and the official position. There is a clear differentiation between the adoption process and the question of nationality. The former has been done correctly, in accordance with the Hague Convention so we will be able to go to Colombia and adopt our children. The problem then arises. A Spanish couple would register their children with the Spanish Consulate but we cannot do this as this procedure automatically entitles the children to Spanish citizenship which, as they will have foreign parents, is not permitted under Spanish law. There also appears no way of allowing the children into Spain with a visa as this appears to contravene another Spanish law intended to prevent illegal adoptions: they would first have to be registered as our children by the Irish or British governments. We have received the same advice from the office of the Ombudsman, the local authorities who have processed our application and the adoption agency who are processing our application in Colombia. They all say that after the adoption is complete in Colombia we have to find a means of registering the adoption, the children as OUR children in either Ireland or Great Britain. Only then, presumably with Irish or British nationality, can we bring them back to Spain. We are continuing to discuss options with authorities in Spain. We recognise that this is an unusual case and that unforeseen problems have arisen. However, we feel that the Spanish authorities are being cowardly and unhelpful in failing to even attempt to find an emergency solution short term: none of the departments and ministeries involved have even given us a written explanation of the problem. Long term they say many people are working on the issue but that ultimately the question of international adoptions and the question of nationality may have to be ruled upon on an European level, obviously a question of years. The other solution is for us to apply for Spanish nationality which we are in the process of doing but again, this is a slow process taking on average 18 months to two years, longer than the time scale we probably have. We would, of course have done this long ago if we had been correctly informed of the situation. It appears that the only real solution will have to be found in either Ireland or Great Britain recognising the home study and adoption process we are involved in. Microsoft Word version of this document |
|