Marriage and Adoption: Legal Requirements and Effects

Posted on Feb 25, 2025 in Law & Jurisprudence

Marriage: Legal Requirements and Effects

MARRIAGE: A legal act where both parties participate willingly, resulting in personal and/or property legal effects. Marriage is a contract that must meet specific validity requirements:

  • CONSENT: Both parties must agree freely, without violence or error (both must be aware they are marrying each other).
  • CAPACITY: Minimum age requirements (with parental consent): Men: 14 years old; Women: 12 years old.
  • PURPOSE: To establish personal relationships, not merely a contract.
  • CAUSE: The contract’s purpose is to generate economic and personal consequences.

Marriage is also a solemn act, requiring formal procedures for its celebration. According to Article 83 of the Civil Code, only civil marriage is valid. Article 84 states that a religious ceremony can follow the civil marriage. If no record is requested, the priest may face imprisonment, and the marriage is invalid.

Requirements for Celebration

  • Provide data and present two witnesses (for each party) when requesting a civil registration date.
  • After the marriage, information is published in the official journal, including last name, nationality, and marital status.
  • An invitation is extended to those who know the parties to report any impediments to the marriage.

Disabilities

There are two types: Referee and Prohibitive.

Referee Disabilities

Serious impairments that must be known before marriage. If confirmed, the marriage is canceled.

Prohibitive Disabilities

Should be checked before marriage but are not as severe. They do not necessarily nullify the marriage.

Examples of Disabilities:
  • Lack of the age required by law (14 for men, 12 for women).
  • Lack of consent.
  • An undissolved previous marriage.
  • Consanguinity or affinity (direct or collateral kinship, legitimate or natural).
  • Murder, attempted murder, or complicity against one spouse.
  • Lack of religious consecration if it was a condition precedent.

Adoption: Types and Requirements

There are two types of adoption: Simple Adoption and Legitimation by Adoption.

Simple Adoption

Requirements for Adopting:

  • Anyone over 25 can adopt, regardless of marital status, provided they are at least 15 years older than the child.
  • The tutor is accountable to justice, and the judge must approve these accounts.
  • No one can be adopted by more than one person at a time, except for two spouses who have been married for more than one year.

Requirements for the Adopted:

  • Any child or adolescent can be adopted, with their consent if they are over 13 years old.
  • If the child is in custody, the biological parents’ consent is required. They will be suspended from parental authority, which will transfer to the adoptive parents.

Consequences:

  • The adoptee still belongs to their birth family.
  • Obligation of respect between the adopter and the adoptee.
  • Obligation to provide maintenance from the adoptive parents to the adoptee.

Legitimation by Adoption

Requirements for the Adopted (Art. 144):

  • Allowed for children or adolescents who are orphaned, abandoned, wards of the state, children of unknown parents, or children recognized by only one parent.
  • Two children can be adopted successively as long as there is a difference of at least 180 days between them.