AMERICAN CITIZEN SERVICES
Non-Emergency Services
Marriage in Spain
Marrying in Spain is more complicated than in the United
States. Approval of a marriage application often takes as long as 45 days.
Policies and procedures vary from region to region. For this reason, the
Embassy suggests that American citizens consult with regional authorities early
in the process.
In general, legal and valid marriages contracted abroad are
also valid in the United States. Should you have any questions about the
validity of a marriage performed abroad, you should contact the Attorney
General’s Office of your U.S. State where you are domiciled (either the State of
last residence or the one which you consider home, where you vote and have a
driver’s license).
American diplomatic and consular officers cannot perform
marriages. Marriage is a function reserved solely to the State, and is beyond
the authority of American diplomatic and consular officers who are Federal
officials.
Terminations of marriages require the assistance of
attorneys. Please see the attorney list.
INTERCOUNTRY ADOPTION - SPAIN
Disclaimer: The following is intended as a very general guide to assist U.S.
citizens who plan to adopt a child from a foreign country and apply for an
immigrant visa for the child to come to the United States. Two sets of laws are
particularly relevant:
1) the laws of the child’s country of birth govern all
activity in that country including the adoptability of individual children as
well as the adoption of children in country in general; and
2) U.S. immigration
law governs the immigration of the child to the United States.
The information in this flyer relating to the legal requirements of specific
foreign countries is based on public sources and our current understanding. It
does not necessarily reflect the actual state of the laws of a child’s country
of birth and is provided for general information only. Moreover, U.S.
immigration law, including regulations and interpretation, changes from time to
time. This flyer reflects our current understanding of the law as of this date
and is not legally authoritative. Questions involving foreign and U.S.
immigration laws and legal interpretation should be addressed respectively to
qualified foreign or U.S. legal counsel.
Please note:
There are not enough children available for adoption to satisfy the
demand of Spanish prospective adoptive parents. Therefore, adoptions in Spain by
foreign parents are exceptionally rare.
Patterns of immigration of adopted orphans to the U.S.
Within the past five
years, no Spanish children have received orphan visas to immigrate to the United
States. Some U.S. citizens residing in Spain have adopted children from third
countries such as China and Colombia, and the U.S. Embassy in Madrid is able to
assist such families in obtaining the required U.S. immigrant visas for the
children then to be able to immigrate to the United States.
Adoption authority in Spain
Each of the 17 Autonomous Communities in Spain is
the Central Authority for its territory. The national-level Central Authority
for transmission of communications, the Dirección General del Menor y Familia in
Madrid, is the office responsible for transmitting requests from prospective
adoptive parents to the Central Authority in the appropriate Autonomous
Community.
Eligibility requirements for adoptive parents
To be eligible to adopt any child,
a prospective adoptive parent must be at least twenty-five years old and be at
least fourteen years older than the adoptee. If a married couple wishes to adopt,
at least one of the two must meet the twenty-five-year age requirement.
Under Spanish law, the prospective adoptee must be younger than eighteen years
old. An exception can be made to these conditions when a child has lived with
the prospective parent(s) continuously since before turning fourteen. It is
important for American prospective adoptive families to note, however, that U.S.
law required adoptive children to be under age 16 at the time of adoption except
in special circumstances outlined in the law.
Prospective parents may not adopt their own descendents or immediate blood
relatives, and may not adopt second-degree relatives (i.e. niece, nephew) by
blood or marriage, unless they are orphans.
Residency requirements
Adoptive parents must be legal residents of Spain and
must remain in Spain throughout the adoption proceeding if it takes place in
Spain.
Time frame
Approximately 15 months.
Adoption agencies and attorneys
Prospective adoptive parents are advised to
fully research any adoption agency or facilitator they plan to use for adoption
services. For U.S.-based agencies, it is suggested that prospective adoptive
parents contact the Better Business Bureau and/or the licensing office of the
appropriate state government agency in the U.S. state where the agency is
located or licensed.
Please see Important Notice Regarding Adoption Agents and Facilitators at the
Department of State Bureau of Consular Affairs web site
Adoption fees in country
From 12,000 to 20,000 Euros.
Adoption procedures
Spain is divided in to 17 Autonomous Communities, each of
which has its own governmental entity in charge of adoptions. A judge may authorize an adoption only with the approval of this
agency. Prospective adoptive parents must apply to the agency in the community
in which they wish to adopt.
To receive approval from the appropriate agency, that agency must find that the
prospective parent(s) are capable of carrying out the duties of a parent. The
parent(s) begin the process by filling out an application for adoption.
Approval from the agency is not required in the following circumstances: if the
child is an orphan and related to the parent(s) by blood or marriage, if the
child is the child of a prospective parent’s spouse, if the child has been kept
by the prospective parent(s) legally in a pre-adoptive status or has been under
the parent(s) care for more than one year, or if the child is underage but
considered independent.
If a U.S. citizen residing in Spain wishes to bring a child adopted in another
country to reside in Spain, and requires periodic monitoring of the adoption, a
list of the officially accredited adoption agencies can be obtained through the
Dirección General del Menor y Familia Servicio de Adopción Internacional y
Acogimiento Familiar at C/ Agustín de Betancourt 4, 28003 Madrid, tel.: 91 363
2300. Americans residing in Spain who wish to adopt a child from another country
should also refer to the Department of State adoption flyer for the child’s
country of origin.
Documents required for adoption in Spain
The following documents must accompany
the application:
1. birth certificate;
2. marriage certificate (if applicable);
3. police record;
4. medical certificate; and
5. bank statements.
When the application is complete, a team from the Autonomous Community adoption
authority will carry out a psycho-social study of the prospective adoptive parent(s), assessing their ability to adopt, and will make a judgment on their
capacity to be parents. Next, the agency will present its assessment along with
the application, and accompanying documents, to the court with jurisdiction in
the Autonomous Community. The court will make the final judgment on the adoption
application.
Authenticating U.S. documents to be used abroad
The language describing the
process of authenticating U.S. documents to be used abroad is currently under
review. Please click on
Judicial Assistance web page for more information until the new
language is finalized.
EMBASSY OF SPAIN IN THE UNITED STATES:
Embassy of Spain
Consular Section
2375 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Telephone: (202) 728-2330
Fax: (202) 728-2302
Spain also has Consulates in: Albuquerque, Anchorage, Atlanta, Boise, Boston,
Chicago, Cincinnati, Corpus Christi, Dallas, Detroit, El Paso, Honolulu,
Houston, Kansas City (MO), Los Angeles, Miami, Mobile, New Orleans, New York,
Newark, Pensacola, Philadelphia, San Antonio, San Diego, San Francisco, San Juan
(PR), St. Louis, and Seattle.
U.S. immigration requirements
Prospective adoptive parents are strongly
encouraged to consult USCIS publication M-249, The Immigration of Adopted and
Prospective Adoptive Children, as well as the Department of State publication,
International Adoptions. The USCIS publication is available at the USCIS web
site. The Department of State publication, International Adoptions , can be
found on the Bureau of Consular Affairs web site,
under
“intercountry adoption.”
Before completing an adoption abroad, prospective adoptive parents are strongly
encouraged to read the requirements for filing Form I-600, Petition to Classify
Orphan as an Immediate Relative. Please see the flyer “How Can Adopted Children
Come to the United States” at the U.S. Department of State, Bureau of Consular
Affairs web site http://travel.state.gov.
U.S. embassy in Spain
Americans living or traveling abroad are encouraged to
register with the nearest U.S. Embassy or Consulate through the
State
Department’s travel registration website,
and to obtain updated information on travel and security within the country of
travel. Americans without Internet access may register directly with the nearest
U.S. Embassy or Consulate. By registering, American citizens make it easier for
the Embassy or Consulate to contact them in case of emergency. The Consular
Section is located at:
American Embassy Madrid
American Citizen Services
C./ Serrano, 75
Madrid
Tel: 011 34 91 587 2200
Applying for a visa at the U.S. embassy in Spain
U.S. consular officers give
each U.S. immigrant visa petition careful consideration to ensure that the legal
requirements of both countries have been met. Consular officers are specifically
trying to ensure the protection of all parties to the adoption: the prospective
adoptive parent(s), the biological parent(s), and the child. Interested U.S.
citizens are strongly encouraged to contact U.S. consular officials in Spain
before formalizing an adoption agreement involving a Spanish child, in order to
ensure that appropriate procedures have been followed which will make it
possible for the Embassy to issue the child a U.S. immigrant visa.
Note: Due to security procedures, visa issuance after the final interview now
takes 24 hours. It is not possible to provide the visa to adoptive parents on
the day of the interview.
Acquiring U.S. citizenship
The language describing the acquisition of U.S.
citizenship for adopted children is currently under review. Until the new
language is finalized, please go to
Child
Citizenship Act of 2000 for further
information.
Additional information
Specific questions about adoption in Spain may be
addressed to the U.S. Embassy in Madrid. General questions regarding intercountry adoption may be addressed to the Office of Children’s Issues, U.S.
Department of State, CA/OCS/CI, SA-29, 4th Floor, 2201 C Street, NW, Washington,
D.C. 20520-4818, toll-free Tel: 1-888-407-4747.
Useful information is also available from several other sources:
Telephone:
Toll Free - For information on intercountry adoption and international
parental child abduction, call Overseas Citizens Services at 1-888-407-4747.
This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time,
Monday through Friday (except U.S. federal holidays). Callers who are unable to
use toll-free numbers, such as those calling from overseas, may obtain
information and assistance during these hours by calling 1-202-501-4444.
U.S. Department of State Visa Office - recorded information concerning
immigrant visas for adopting children, (202) 663-1225.
U.S. Citizenship and Immigration Services - recorded information for
requesting immigrant visa application forms, 1-800-870-FORM (3676).
Internet:
Adoption Information Flyers: The
U.S. Department of State, Bureau of Consular
Affairs web site contains intercountry adoption
information flyers like this one and the International Adoptions brochure.
Consular Information Sheets: The State Department has general information
about hiring a foreign attorney and authenticating documents that may supplement
the country-specific information provided in this flyer. In addition, the State
Department publishes Consular Information Sheets (CISs) for every country in the
world, providing information such as location of the U.S. Embassy, health
conditions, political situations, and crime reports. If the situation in a
country poses a specific threat to the safety and security of American citizens
that is not addressed in the CIS for that country, the State Department may
issue a Public Announcement alerting U.S. citizens to local security situations.
If conditions in a country are sufficiently serious, the State Department may
issue a Travel Warning recommending that U.S. citizens avoid traveling to that
country. These documents are available on the Internet at:
http://travel.state.gov/ or by calling
the State Department's Office of Overseas Citizen Services Toll Free at
1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern
Time, Monday through Friday (except U.S. federal holidays). Callers who are
unable to use toll-free numbers, such as those calling from overseas, may obtain
information and assistance during these hours by calling 1-202-501-4444.
USCIS web site
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Voting Assistance
Like all embassies and consulates overseas, the U.S.
Embassy Madrid has a Voting Assistance Officer responsible for helping U.S.
citizens exercise their constitutional right to vote. Generally, all U.S.
citizens aged 18 or older who are or will be residing outside the United States
during an election period are eligible to vote absentee in any federal election.
State voting rules vary; for information specific to your state of residence, we
suggest you consult the Voting Assistance Guide, available in the Consular
Section, or check out the FVAP website.
The Consular Section stocks Federal Post Card Applications
(FPCA’s), accepted by all states as either an application for a registration
form or for registration. If your state requires you to have your FPCA or
ballot notarized, a consular official can do it for you free of charge. In
addition, you may use the APO mail facility available at Embassy Madrid to
return election materials to the United States.
Consular employees cannot give information and/or opinions
on individual candidates and/or issues. This information is available from the
Voting Information Center, located in Virginia. The Center’s telephone number
is (703) 588-1343.
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Marriage, Death, Divorce and Birth Certificates
For information on Marriage, Death, Divorce and Birth Certificates, please visit the
National Center for Health Statistics website.
Marriage, Death, Divorce and Birth Certificates
For information on Marriage, Death, Divorce and Birth Certificates, please visit the
National Center for Health Statistics website.
Drivers' Licenses
As state (not federal) authorities produce drivers’
licenses, you must contact the issuing state to replace or renew them. Some
states allow drivers to renew or replace from overseas. Most do not. The
Consular Section maintains an address list of state motor vehicle departments to
assist you and many state Departments of Motor Vehicles maintain websites.
There is no reciprocal agreement between Spain and the US
for facilitating the obtaining of a Spanish Driver’s License. Therefore,
American citizens in Spain who which to obtain Spanish driver’s license must
comply with Spanish driving regulations.
For more information, please visit the
U.S. Department of Transportation website.
Selective Service Registration
U.S. Citizens
Almost all male U.S. citizens, and male aliens
living in the U.S., who are 18 through 25, are required to register with
Selective Service. It's important to know that even though he is
registered, a man will not automatically be inducted into the military. In a
crisis requiring a draft, men would be called in sequence determined by random
lottery number and year of birth. Then, they would be examined for mental,
physical and moral fitness by the military before being deferred or exempted
from military service or inducted into the Armed Forces.
Non-citizens
Some non-citizens are required to register. Others are not. Non-citizens who are
not required to register with Selective Service include men who are in the U.S.
on student or visitor visas, and men who are part of a diplomatic or trade
mission and their families. Almost all other male non-citizens are required to
register, including illegal aliens, legal permanent residents, and refugees. The
general rule is that if a male non-citizen takes up residency in the U.S. before
his 26th birthday, he must register with Selective Service. For a more detailed
list of which non-citizens must register, see
Who Must Register - Chart .
Dual nationals
Dual nationals of the U.S. and another country are required to register,
regardless of where they live, because they are U.S. nationals.
See also Aliens
and Dual Nationals - Liability for Service.
Check with Selective Service website for more
information.
Tax Matters
Residence overseas does not exempt American citizens from
federal income tax filing requirements, which are determined by income. It may,
however, change tax liability. Legal permanent residents of the US and those
with property or business interests in the US may also have tax liabilities. You
should consult the Internal Revenue Service (IRS) or a
tax advisor if you need more detailed
information. The U.S. Embassy in Madrid has no IRS representative, but a
regional IRS representative responsible for Spain is located in the
US Embassy in Paris. We suggest, therefore,
that any questions concerning your individual or corporate income tax be
addressed to:
Internal Revenue Service
U.S. Embassy Paris
2 Avenue Gabriel
75382-Paris
Cedex 08
France
(33) (1) 4312-2555
http://www.amb-usa.fr/irs/irs.htm
Internal Revenue Service
PO Box 920
Bensalem, PA 19020-8518
Phone: 001-215-516-2000
http://www.irs.gov
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