AN ACT - Oficina de Servicios LegislativosH. B. 1657) (Conference) (No. 186) (Approved December 18,...
Transcript of AN ACT - Oficina de Servicios LegislativosH. B. 1657) (Conference) (No. 186) (Approved December 18,...
(H. B. 1657) (Conference)
(No. 186)
(Approved December 18, 2009)
AN ACT To establish the “Comprehensive Adoption Proceedings Reform Act of 2009,” in
order to modernize and streamline adoption proceedings in Puerto Rico; to institute a diligent and expeditious adoption proceeding, whereby mothers with unwanted viable pregnancies, shall be provided with the option to continue such pregnancies; to provide that the Secretary of the Department of the Family shall adopt the necessary regulations to implement programs that facilitate adoption; to set forth the public policy of the Government of Puerto Rico on the matter of the establishment of a Safe Shelter system; to provide for the creation of an adoption task force that shall be constituted by the Department of the Family, the Department of Health, and adoption agencies; provide for the Department of the Family to establish the Puerto Rico Statewide Voluntary Adoption Register in said Department; to direct the Department of the Family to adopt or amend the necessary regulations for the implementation thereof; provide that it shall render a yearly report to the Legislature and the Governor of Puerto Rico on the operations thereof; provide on the voluntary surrender of a minor and the adoption proceedings for minors released from parental rights; provide the procedure for the placement of minors with adopting parents; to amend Section 3, Section 39, Section 42, Section 47, Section 50, Section 52, Section 53, Section 54, and Section 55 of Act No. 177 of August 1, 2003, as amended, known as the “Comprehensive Child Well-being and Protection Act”; to amend Section 612, Section 612A, Section 612B, Section 613D, Section 613O, and to add a new Section 613Q to Act No. 9 of January 19, 1995, as amended, known as the “Special Legal Proceedings Act,” formerly the Code of Civil Procedure; to amend Section 5.005 of Act No. 201 of August 22, 2003, as amended, known as the “Judiciary Act of the Commonwealth of Puerto Rico of 2003,” for the purpose of referring any petition for adoption to the Specialized Family Part of the Court of First Instance, to focus the public policy, firstly to the well-being of minors, and if possible, to family unity, provided that it is in the best interests of minors; to make the adoption proceedings more flexible by shortening the terms for physical custody hearings after the Department of the
Family has expended reasonable efforts in seeking the welfare and the protection of the minor; terminating, restricting, or suspending parental rights; instituting lawsuits; preparing a report on the expert social study; scheduling and holding the first conference; recognizing and validating interstate and intercountry adoptions; and establish the right of foster homes and of the adopting parents to be heard during such proceedings; to establish by law the initiative already taken by the Judicial Branch of designating special parts to address cases related to termination of parental rights and those that may result from Act No. 177, supra; and for other related purposes.
STATEMENT OF MOTIVES
Adoption is a real alternative and a loving option which benefits everyone,
in instances in which our children, due to diverse circumstances, do not find in
their biological parents the love and affection which should be theirs by birthright.
Thanks to adoption, many people have the opportunity to share their happiness by
providing a minor with a stable and permanent home.
At present, the process involving the adoption of a minor is complicated and
entails a long and painful waiting period. Adoption may take place within diverse
settings. As a solution to one of the problems that arise from this process, other
state jurisdictions of the United States have created the “volunteer donor mother”
option. Such option enables the expecting mother to reach an agreement with the
prospective adopting parents in order for the parents to be given the newborn child
right after birth. In the course of this process, the volunteer mother and the future
adopting parents, if they so wish, may share the pregnancy experience and attend
follow-up medical appointments together. Thus, the future adoptive parents are
involved in the experience in its entirety, which enables them to be better prepared
for the time when they shall assume parental rights over the minor. On occasion,
adoption does not take place right after birth, which minors may be adopted during
their childhood or teenage years.
This Act establishes the public policy of the Government of Puerto Rico on
the creation of a safe shelter system, which promotes the option of enabling
mothers to surrender their newborn child at a hospital institution without the fear
of possible prosecution for the crime of abandonment, as established under
Article 132 of the Penal Code of Puerto Rico.
For all of the foregoing, this Legislature deems it fair, meritorious, and
necessary to approve legislation in order to establish in Puerto Rico, so as to follow
the vast majority of all other States, the “volunteer donor mother” system, in order
to make an expeditious adoption procedure feasible, whose purpose shall be to
safeguard the best interests of the adoptee and to protect his/her right to develop
under the protection of a family which gives him/her affection and provides
him/her with the care necessary to satisfy his/her spiritual and material needs when
his/her biological parents are unable. It is alarming and outrageous to see how so
many children have lost their lives waiting for a transformation within their home
environment so as to make their home suitable for their proper development and
quality of life. This Legislature believes in the reunification of families in those
cases in which biological parents are clearly rehabilitated and show the necessary
capability and stability to assume the portentous responsibility of parenthood.
Likewise, in Puerto Rico there are a great number of persons who wish to
become parents by adoption, as well as many minors waiting to be adopted.
However, on occasion, it is difficult to timely identify those hopefuls who could
very well provide a new home and a family for minors in Puerto Rico who are
candidates for adoption and who are in urgent need to be adopted. In view of the
ever-increasing need to provide stable homes for minors in dire need of a home
environment, we deem that it is meritorious to streamline the adoption process in
the Island, so as to benefit adopting parents, and most of all, adoption candidates.
For such reason, we also believe that it is appropriate and compelling to
provide that the Department of the Family shall establish within the said
Department, the “Puerto Rico Statewide Voluntary Adoption Register.” Such
register shall enable the Commonwealth, subject to compliance with any applicable
legal and regulatory requirements, to timely identify how many people wish and
are qualified to adopt minors and to likewise have such relevant data so that they
may be easily identified and located. Furthermore, the Commonwealth shall
identify such minors that are candidates for adoption. By duly implementing this
register, a process of adoption which is fair and expeditious is thus secured in order
for people who wish to adopt to be provided with real opportunities and
possibilities.
The Commonwealth, in its capacity as parens patriae, is able to use the
adoption venue to provide a stable, healthy, and safe home for minors who have
been removed from their own homes and who for any reason are unable to go
back. Consistent with such capacity, it was established that the Government has
the power to adopt regulations as necessary to ascertain that adoption is the most
suitable alternative for a minor under the custody of the Department of the Family.
It is a fact that the welfare and the safety of minors have been in many cases
compromised in obstinately seeking family unity, even in cases in which the
circumstances within said family environment disserve the welfare of such minors.
Although the family unity principle is essential, we cannot lose sight of the fact
that the main objective should always be the welfare and the safety of children and
provide them with a suitable home environment, in order for them to feel loved and
to be able to develop physically, mentally, socially, and morally, while according
them a living environment that is healthy, in which order, peace, and tranquility
rule.
On the other hand, the modern globalization trend has made it possible, in
the past decade, for thousands of United States citizens, including Puerto Rico
residents, to resort to foreign countries to adopt children who were suitable
candidates for adoption. In the year 2000, the United States Government approved
the Intercountry Adoption Act, P.L. 106-279, thus ratifying the Convention on
Protection of Children and Co-operation in Respect of Intercountry Adoption,
approved in Hague on May 29, 1993. Section 503 of the Intercountry Adoption
Act establishes that the states may adopt statutory provisions, which are consistent
with the provisions of such statute.
At present, adoption proceedings in foreign countries vary according to the
body of laws in effect in each jurisdiction. Once such transaction is completed,
United States citizens obtain from the Federal Government an authorization or visa
to introduce the minor into American ground, after which adopting parents return
to their state of residence with their adopted minor.
Most U.S. state jurisdictions, including Louisiana, Texas, and New York,
have enacted legislation to impart a final and binding nature to foreign adoptions
by their residents and to make it feasible for the minor to have a birth certificate
issued within their jurisdiction, pursuant to the body of laws of their state.
Likewise, most states have established statutes to recognize adoptions carried out
by their residents in other states of the American Nation.
For such reason, this Legislature deems it appropriate and compelling to
establish a uniform statewide procedure whereby intercountry and interstate
adoptions may be ratified and validated in this jurisdiction and birth certificates
may be obtained for such minors, all of which shall be consistent with the Federal
and local body of laws in effect. For such purposes, a new Section 613Q is hereby
added to Act No. 9, infra, in order to establish a process to validate adoptions
carried out in other states or in other countries.
As part of this comprehensive reform on adoption proceedings, amendments
are also being executed to various provisions of Act No. 177 of August 1, 2003, as
amended, known as the “Comprehensive Child Well-being and Protection Act,”
which shall pursue, first of all, the minor’s welfare, and if possible, family unity.
Likewise, amendments are being executed to various Sections of Act No. 9 of
January 19, 1995, as amended, known as the “Special Legal Proceedings Act,”
formerly the Code of Civil Procedure, with the purpose of simplifying the adoption
proceedings by shortening the terms for physical custody hearings after the
Department of the Family has expended reasonable efforts in seeking the welfare
and the protection of the minor; terminating, restricting, or suspending parental
rights; instituting lawsuits; preparing a report on the expert social study; scheduling
and holding the first conference; recognizing and validating interstate and
intercountry adoptions; and establish the right of foster homes and of the adopting
parties to be heard during such processes.
This Act thus constitutes a decisive advancement in our fight, as a society,
against the abandonment, abuse, and underestimation of the self-worth of our
children. With this measure, we intend to halt the escalation of the cycle of
violence against those who are most defenseless.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
CHAPTER I
INITIAL PROVISIONS
Section 1.—Title.—
This Act shall be known and may be cited as the “Comprehensive Adoption
Proceeding Reform Act of 2009,” or by its [Spanish] acronym “RIPA.”
Section 2.—Definitions.—
For purposes of this Act, the following terms shall have the meaning stated
below, unless another meaning is clearly implied by the context:
(a) “Adoption Agreement”.—The solemn legal act whereby the pregnant
woman agrees, without there being compensation of any kind, in a document under
oath before a notary public authorized to practice his/her profession in Puerto Rico,
to continue her pregnancy to its full term and to terminate any parental rights in
order to place her newborn child for adoption; and the future adopting person or
married couple assumes the obligation to defray pregnancy-related expenses and to
adopt the newborn child, regardless of any congenital health condition of the
newborn child subject to the requirements imposed under this Act. This agreement
may be open or closed, at the choice of the parties.
(i) Open Adoption Agreement.—An adoption agreement whereby the
adopting party relates with the biological mother during her pregnancy up to
the expiration of the term for the biological mother to exercise her right to
retract.
(ii) Closed Adoption Agreement.—An adoption agreement whereby
the adopting party does not relate with the biological mother. Such
agreement shall include a confidentiality clause to that effect, under which
the Department shall maintain in strict confidentiality any information
regarding the parties, except for exclusive use by the Department in such
transactions corresponding to adoption proceedings. The Department shall
establish through regulations to such effect, any additional cost on account
of administrative expenses ensuing the Closed Adoption Agreement if
necessary.
(b) “Department”.—The Department of the Family of the Government of
Puerto Rico.
(c) “Healthcare Service Institution”.—Any institution that provides
healthcare services, as defined in Section 2 of Act No. 101 of June 26, 1965, as
amended, known as the “Healthcare Facilities Act.” It shall also include any
private facility that provides medical-gynecological, obstetrical, and family
planning services, under any applicable legislation.
(d) “Adopting Party”.—A person or a married couple recognized as such
and valid under the Puerto Rico Civil Code, as appears in the Puerto Rico
Statewide Voluntary Adoption Register, attached to the Department of the Family,
that has the intention to assume parental rights over the minor to be adopted, after
having submitted an application to that effect, evaluated by the Department as
possible candidate(s) for the adoption of a minor, subject to any provisions on
adoption established in the Puerto Rico Civil Code. The definition of Adopting
Party is also extended to individual persons and married couples that appear in the
registers of adoption agencies.
(e) “Biological Mother”.—Refers to expecting or pregnant woman who
freely and voluntarily agrees to waive all rights over her future newborn child in
favor of the adopting party, through an Adoption Agreement, subject to capability
requirements for such action.
(f) “Newborn Child”.—Any newborn child placed for adoption under an
Adoption Agreement, pursuant to the provisions of this Act.
(g) “Party”.—The adopting party, the biological mother, and the biological
father, as well as any other person who proves to have a legitimate claim of the
minor to the satisfaction of the Court.
(h) “Court”.—The Specialized Family Parts created under this Act,
attached to the General Court of Justice, Court of First Instance of Puerto Rico, to
handle transactions for the termination of parental rights, adoption, and any others
that may arise from Act No. 177 of August 1, 2003, as amended, known as the
“Comprehensive Child Well-being and Protection Act.”
(i) “Adoption Agency”.—Any public or private nonprofit institution or
organization credited, regulated, and periodically inspected by the Department of
the Family to place minors in adoptive homes. Such agencies shall be governed by
all laws that apply to the Department and by any regulations that the same may
establish to serve the best interests of minors.
(j) “Biological Father”.—The man who biologically begets the minor
through natural fertilization.
(k) “Voluntary Surrender of a Minor”.—An act whereby the biological
mother, or biological parents or those who hold the parental rights over the child,
surrender the physical custody of a newborn child or agree to relinquish and
transfer the parental rights over such child to place him/her for adoption.
(l) “Adoption”.—A solemn legal act which portends the total severance of
the legal-familial ties of a minor with his/her biological parents, and the ensuing
filiation of the minor by the Adopting Party, which has expressed its will to assume
the legal parenthood of said minor.
(m) “Candidate for Adoption”.—A minor who is the object of the adoption,
pursuant to the requirements established in the Puerto Rico Civil Code of 1930, as
amended.
(n) “Register”.—The Puerto Rico Statewide Voluntary Adoption Register,
established under this Act.
(o) “Placement Agreement”.—An agreement to provide for the terms and
conditions of placement of minors in homes approved by the Department or
adoption agencies, in order for such minors to be adopted. Such agreement shall
guarantee the rights of all parties, with special attention to the best interests of the
minor.
CHAPTER II
VOLUNTARY SURRENDER OF MINORS
Section 3.—Informational Briefing on Voluntary Adoption Agreements
during Pregnancy.—
Whenever pregnant women attend a healthcare services facility with the
purpose of terminating their pregnancy, the institution shall notify its social worker
on duty or a professional in the fields of healthcare and social welfare, in order to
inform such women on the option of voluntary adoption as one of the alternatives
available to handle unwanted pregnancies.
This informational briefing shall be offered to such women, who shall
receive the same freely, voluntarily, and free of charge, pursuant to any such
regulations on this matter as may be adopted by the Department, while
guaranteeing the rights that protect pregnant women.
In the event that such pregnant women agree to receive the aforementioned
informational briefing, upon completion thereof, the social worker or the
professional in the fields of healthcare and social welfare shall ask them whether
they are willing to enter into an agreement to voluntarily surrender the newborn
child to be placed for adoption.
If they should agree, the social worker shall immediately notify such
decision to the Department, which shall be in charge of carrying out any
corresponding transactions to initiate the process by establishing an Adoption
Agreement, whether by the Department or through any adoption agency as defined
in this Act. Such adoption agreement shall be entered into freely and voluntarily,
without compensation of any kind.
As part of such transactions, the biological mother shall certify that she has
been briefed on the alternative of adoption by voluntary surrender of the child, and
that at no time has she been coerced or intimidated in order to agree to such
adoption.
Section 4.—Adoption Agreement Requirements during Pregnancy.—
The adoption agreement shall be executed, subject to the following
requirements:
1. The agreement shall establish who shall be responsible for paying any
pregnancy-related expenses authorized under this Act, which shall be understood
to be medical, hospital, and nursing expenses; medications; lodging or traveling
expenses if necessary during pregnancy and up to six (6) weeks after giving birth.
These expenses may include any psychological or psychiatric counseling as
required by the biological mother, as a result of placing her newborn child for
adoption, as well as any others, provided these are not contrary to the provisions of
this Act, or morals or the public order. This responsibility shall only cover
expenses not covered by the health insurance plan of the biological mother, be it
private or provided by the Government of Puerto Rico. Should the biological
mother not have a health insurance plan, the Government of Puerto Rico, pursuant
to the public policy established in this Act which seeks to foster adoption in Puerto
Rico, shall provide the biological mother with a health insurance plan through the
Puerto Rico Health Insurance Administration, as created by Act No. 72 of
September 7, 1993, as amended, known as the “Puerto Rico Health Insurance
Administration Act.” Such coverage shall be in effect during the term established
in this subsection.
2. There shall be a statement of the intent of the Adopting Party to adopt the
newborn child and to assume all the responsibilities which ensue from this Act,
regardless of any health condition with which the newborn child has been born.
3. There shall be a statement of the intent of the biological mother to
terminate her parental rights in favor of the Adopting Party, subject to her right to
rescind the Adoption Agreement.
4. There shall be a statement indicating that the biological mother
understands and agrees to the fact that she is aware that the Department or an
adoption agency shall assume legal and physical custody of the newborn child,
as provided by law, if the Adopting Party should not complete the process for any
reason.
5. The Adopting Party shall make a statement acknowledging that the
biological mother may terminate the Adoption Agreement and rescind her from
consent to place her newborn child for adoption within seven (7) days following
the birth of the child. Such term shall be understood as extended if, for any reason,
the biological mother loses consciousness or if her decision-making capabilities are
impaired after giving birth. Such loss of consciousness or impairment of
capabilities shall be certified by a duly credited physician. If the biological mother
should exercise her right to rescind, she shall be under the obligation to restitute
the Adopting Party any expenses incurred pursuant to the Agreement. Provided,
further, that in such event, neither the Department nor the adoption agency,
respectively, shall be responsible for restituting such expenses.
6. In cases in which the biological mother or the biological father is a minor
and is not emancipated pursuant to the body of laws in effect, his/her parents or
guardians shall provide him/her with the legal capacity to give consent in order to
meet the consent requirements established in this Act.
7. There shall be a statement attesting to the compliance with the provisions
regarding the opportunity that shall be given to the biological father to claim his
rights over the child, pursuant to that which is stated in this Act.
8. The Adoption Agreement may be open or closed, at the choice of the
parties. The Department or the Adoption Agency, as the case may be, shall
instruct the parties about these alternatives:
i. Open Adoption Agreement.—An adoption agreement whereby the
Adopting Party relates with the biological mother during her pregnancy up
to the expiration of the term for the biological mother to exercise her right to
rescind. After such term, the Department shall maintain in strict
confidentiality any information regarding the parties, except for exclusive
use by the Department in such transactions corresponding to adoption
proceedings, subject to the provisions of Chapter III, Section 14 of this Act,
on the matter of the right of adopting parties to access confidential data on
the Register.
ii. Closed Adoption Agreement.—An adoption agreement whereby the
Adopting Party does not relate with the biological mother. Such agreement
shall include a confidentiality clause to that effect, under which the
Department shall maintain in strict confidentiality any information regarding
the parties, except for exclusive use by the Department in such transactions
corresponding to adoption proceedings, subject to the provisions of Chapter
III, Section 14 of this Act, on the matter of the right of the candidate for
adoption to access confidential data on the Register.
Section 5.—Responsibilities of the Biological Mother.—
Any biological mother who agrees to execute an adoption agreement shall
also be bound by the following obligations:
1. Undergo medical evaluations and treatments, which shall meet the
standards and methods acceptable in the medical practice.
2. Follow all medical recommendations concerning her prenatal care, as
well as any medical recommendations to ensure her good health.
3. Provide the Department with information regarding her personal and
family health history and on any medical, psychological or psychiatric evaluation
available at the time of adoption. Such information shall be confidential in nature
and be used with the purpose of evaluating the willingness involving the process
and any possible explanations concerning the health of the adoptee.
4. Provide all information available concerning the identity of the biological
father.
Section 6.—Limitations on the Adoption Agreement.—
Any adoption agreement shall be null if such agreement in any manner:
(1) Authorizes the surrender of the newborn child without the review and
approval of the agreement by the Department, except in the case of adoption
agencies, which shall notify the Department of any surrender of any child within a
period not greater than twenty-four (24) hours.
(2) Does not comply or intends not to comply with other applicable
provisions of law or regulations promulgated by the Department.
(3) Limits or intends to limit the right of the biological mother to rescind
her consent to place her child for adoption.
(4) Is subject to payment of any compensation, whether in cash or in kind,
except for expenses agreed on by the parties pursuant to the provisions of this Act.
Section 7.—Solemnity of the Adoption Agreement.—
The adoption agreement shall be executed before such official as the
Department may designate by regulation. Furthermore, any formal requirements
that shall govern the adoption agreement shall be established by regulation. In the
event that the agreement is entered into at an adoption agency, the same shall be
executed before a notary public.
Section 8.—Supervision.—
The entire process, from conversations held to reach an agreement to the
time of the adoption, shall be supervised by officials of the Department or by the
adoption agencies that are duly licensed and supervised by the Department.
Section 9.—Rulemaking Authority.—
The Department shall adopt, within a term of thirty (30) days counted from
the date of effectiveness of this Act, any such regulations as necessary to fulfill the
objectives of this Act. Such regulations shall address, not to be construed as a
limitation, the following issues:
1. The forms to which adoption agreements and voluntary surrenders of a
minor shall be subject.
2. Streamlining and expediting of proceedings as necessary in order for the
Department and the bodies that are a part of the adoption process to fully and
diligently meet the objectives of this Act.
3. The guarantees on confidentiality of the parties in such process.
4. The management, custody, conservation, and destination of records.
5. The contents of the informational briefing for biological mothers and
biological fathers on the matter of voluntarily placing their minor for adoption
pursuant to that which is established in this Act.
6. The adoption of regulations, or in default thereof, the amendment of
existing regulations to establish the procedure to be followed by the Department in
favor of adopting parents, to initiate the application process and solicitation of
Federal and/or Commonwealth benefits for minors with special needs or any
benefits that the adoptee may receive for any physical or health condition or for
any other reason. It being understood that the Department shall be responsible, in
this initial stage, for providing assistance to adopting parties in transactions
established to such ends. Once the minor has been adopted, the adopting parties
shall be responsible for meeting the necessary requirements on an ongoing basis in
order to continue to receive such benefits.
7. The adoption of regulations, or in default thereof, the amendment of
existing regulations to establish the procedure to be followed by the Department in
the transfer of the record on the Federal and/or Commonwealth benefits to which
the adoptee is entitled, on behalf of the adopting parents, so that they may continue
to receive such benefits without having to engage in new transactions to solicit
such benefits again. In such cases, when laws and regulations so allow, the number
or the classification of the record shall not be altered, with the purpose of
reassigning such record to the name of the adoptive parents; in addition, continuity
in services shall be preserved, without eliminating, suspending or delaying such
benefits.
Section 10.—Approval of Forms.—
The Department shall adopt, in collaboration with adoption agencies, the
necessary forms to transact the adoption agreement and the voluntary surrender of
the minor. Likewise, in coordination with representatives from the Department of
Health, the Department shall adopt any forms needed to gather information on the
personal and family health history of the biological mother, pursuant to the
provisions of this Act.
Section 11.—Interagency Support.—
The Secretary of the Department of Health shall designate his/her
representatives, who shall be present in the course of the process of preparing the
Regulation, with the purpose of ensuring that such medical or health issues which
could arise during pregnancy, labor or after labor, are addressed.
Likewise, the Department of the Family, the Department of Health, and
public and private nonprofit adoption agencies, shall, by virtue of an adoption task
force, meet periodically to create and supervise mechanisms to keep abreast of new
developments on the matters of adoption.
The Department, in coordination with the Department of Health, shall adopt
a sign, to be placed by healthcare services institutions in a visible place to inform
the option of voluntarily placing minors for adoption, the modalities therefor and
the legal consequences of such action.
Section 12.—Special Provision for the Biological Father.—
The Department shall be under the obligation to notify the Court of the
identity of the biological father if known, and in turn, the Department shall notify
the alleged biological father of the adoption proceedings.
The Department shall use any Commonwealth’s resources available, to try to
locate the biological father, be it through public notice or any other appropriate
method, to afford the biological father due process of law.
In the event that the biological father is unknown, the Department shall be
under the obligation to attest before the Court to any efforts expended to identify
such biological father.
The biological father shall have a term of thirty (30) days as of the date of
notice to present his position regarding the adoption process in progress.
Provided, that the father may request within such term that the Court order a
paternity test before he is able to determine whether he agrees to the adoption
process.
When the biological father of the newborn child files a written objection to
the voluntary adoption process instituted by the biological mother, such proceeding
shall be subject to the provisions of Act No. 9 of January 19, 1995, as amended,
entitled “Special Legal Proceedings Act,” as amended, formerly the Code of Civil
Procedure. If in the course of such proceeding the adopting party has incurred any
cost provided for in this Act in relation to the adoption process, the biological
father shall be responsible for reimbursing such costs, should he lose in the lawsuit.
Section 13.—Safe Shelter.—
It is the public policy of the Government of Puerto Rico to promote the
establishment of a system whereby a mother may, before considering the
possibility of abandoning her newborn child, surrender her child at a public or
private hospital, as defined in Section 2 of Act No. 101 of June 26, 1965, as
amended, known as the “Health Facilities Act,” in confidentiality, without harm
and without fear of being arrested, prosecuted or tried, before seventy-two (72)
hours have elapsed from the time of birth of the child, insofar as such newborn
child does not present any signs of abuse or mistreatment. Otherwise, the hospital
shall activate the existing protocol followed in child abuse cases.
Any mother who surrenders her child seventy-two (72) hours after the time
of birth of the child or before, shall not be guilty of the crime of abandonment of a
child as established in Article 132 of Act No. 149 of June 18, 2004, as amended,
known as the “Penal Code of Puerto Rico,” if she surrenders her newborn child
voluntarily at a public or a private hospital. The newborn child shall be handed
over to the personnel detailed to the public or private hospital, which personnel
shall be under the obligation to receive physical custody of the newborn child and
contact the Department immediately. The Department shall be under the
obligation to institute the adoption proceedings immediately.
The mother of the newborn child shall be required to fill out a form on the
medical history of the newborn child. Such form shall not include information
which may compromise the confidentiality of the mother. If she should refuse to
fill out such form, such refusal shall not constitute an impediment for the hospital
to receive the newborn child.
The Department, within thirty (30) days from the date of approval of this
Act, shall promulgate regulations whereby it shall establish the protocol to be
followed once the newborn child is under the physical custody of the public or
private hospital.
CHAPTER III
STATEWIDE VOLUNTARY ADOPTION REGISTER
(R.E.V.A., Spanish acronym)
Section 14.—Creation and Contents of the Register.—
The Department shall establish an electronic register, to be called the
“Puerto Rico Statewide Voluntary Adoption Register,” which shall also be known
by its [Spanish] acronym, R.E.V.A., in which the names of all minors intended for
permanent adoption shall be recorded, as well as the names of the adopting parties,
together with updated and accurate information to identify them, as required by
regulations approved to such effect. The Register shall include:
1. A list of all minors intended for permanent adoption whose legal custody
has not been yet severed.
2. A list of all minors intended for permanent adoption whose legal custody
has been terminated.
3. A list of all adopting parties who wish to adopt, sorted in chronological
order of their applications.
4. A list of all adopting parties with a favorable expert social study, sorted
in chronological order of such studies.
The Register shall give priority to such adopting parties who have submitted
their application for adoption and/or obtained a favorable social study before the
effective date of this Act. Any person who wishes to be included in the Register
shall fill out a form, to be prepared by the Department to such effect. The
Department shall ascertain, with respect to candidates, their compliance with the
applicable legal and regulatory requirements for adoption in Puerto Rico, and such
others as pertinent to expedite completion of the adoption process. The Department
shall evaluate such candidates in light of the governing criterion of serving the best
interests of the minor, giving priority to adopting parties constituted by married
couples as defined by the Puerto Rico Civil Code.
The Register shall be organized so as to provide candidates for adoption
with the opportunity to be adopted anywhere in the Island, regardless of the region
to which the adopting parties may belong. The R.E.V.A. shall be the only Register
in existence in Puerto Rico.
Any person adopted after the date of approval of this Act shall be entitled to
access confidential data on the Register concerning his/her adoption once he/she
attains legal age. However, he/she shall only be granted access to such information
as strictly necessary to guarantee his/her right to contact his/her biological parents.
Section 15.—Confidentiality; Access to the Puerto Rico Statewide
Voluntary Adoption Register.—
The Puerto Rico Statewide Voluntary Adoption Register shall be
confidential in nature and shall only be accessible to those agencies concerned or
any person by order from a competent court to such effect.
Section 16.—Rulemaking Authority.—
The Department shall adopt or amend regulations as necessary or convenient
for the Register to operate properly, within thirty (30) days following the date of
approval of this Act. Such regulations shall meet all applicable Commonwealth
and Federal legal and regulatory standards.
Regulatory provisions shall include the creation of a training course for
adopting parties on the legal consequences and the responsibilities entailed by
being part of an adoptive family, and the creation of a training course for social
workers on the standards and terms provided for in this Act.
Section 17.—The Department shall render, no later than March 1st of each
year, a report to the Legislature and the Governor of Puerto Rico, in which the
Department shall record all matters pertaining to the operations of the Register for
the previous calendar year, and which report shall include, among other data,
detailed information on the number of adopting fathers or mothers and candidates
for adoption, together with adoption cases pending and completed.
Section 18.—Transfer of Existing Registers.—
Any adoption register in existence in the Department of the Family on the
date of approval of this Act shall become a part of this new Register, but the same
shall be implemented pursuant to the provisions hereunder.
Section 19.—Adoption Agencies.—
The provisions of this Act pertaining to the Puerto Rico Statewide Voluntary
Adoption Register shall not apply to adoption agencies duly certified as such by
the Department, which may institute adoption proceedings, subject to their own
registers of eligible candidates. The Department shall regulate, oversee, and
periodically inspect adoption agencies with the purpose of safeguarding the best
interests of the minors.
CHAPTER IV
ADOPTION PROCEEDINGS FOR MINORS
RELEASED FROM PARENTAL RIGHTS
Section 20.—Voluntary Adoption Transactions; Voluntary Surrender of
Minors.—
The father, mother or any such person who holds the parental rights over a
minor may voluntarily surrender to the Department the custody of such minor so
that he/she may be placed for adoption, after having relinquished his/her parental
rights to the minor. Such waiver shall be recorded on a document under oath
before a notary public in the presence of a witness, attesting to the fact that he/she
is relinquishing his/her parental rights and that he/she agrees to have the minor
placed for adoption. Such relinquishment may be rendered ineffective within
fifteen (15) days following the date the document was executed.
Section 21.—Adoption Proceedings for Minors Released from Parental
Rights.—
In cases in which a minor has been released from parental rights, the
Department may institute proceedings before the Court for the adoption of the
minor, subject to compliance with procedural guarantees as necessary in order for
such minor to be placed in an adoptive home duly credited by the Department, as
soon as practicable.
The Department shall regulate and issue policies as necessary to guarantee
expeditiousness in such transactions and in keeping with the best interests of the
minor.
CHAPTER V
PLACEMENT OF MINORS WITH ADOPTING PARTIES
Section 22.—The Department shall diligently promote the termination of the
parental rights from biological parents or from the party who holds such custody,
in all cases in which the minor is intended for permanent adoption. Once the
Department assumes parental rights over the minor, the Department or the
adoption agency duly licensed by the Department shall execute a placement
agreement prior to terminating parental rights over the minor from his/her
biological parents or the party who holds such custody. In such cases, the
placement agreement shall set forth that the relinquishment of parental rights over
the minor from his/her biological parents has not yet taken place.
Immediately after the placement agreement has been executed, the
Department, the adoption agency or the adopting party shall institute adoption
proceedings, pursuant to the provisions of Act No. 9 of January 19, 1995, as
amended. For such purpose, the Department or the adoption agency shall
expeditiously render a report on the expert social study to the Court in order to
award the petition. Only expert social studies with over one (1) year of
effectiveness shall be updated. The Department or adoption agency shall
immediately notify the adopting party of any proceedings instituted in relation to
the minor, to which the adopting party is not a party.
Regarding Adoption Agreements executed during pregnancy, the
Department shall exercise due diligence to identify the biological father and to
notify him of his rights, pursuant to that which is established in this Act. The
Department shall assume parental rights over the minor as of the date of his/her
birth. The placement of the minor shall be carried out pursuant to the adoption
agreement executed with the adopting party. After the seven (7)-day rescission
term has elapsed, the Department, the adoption agency or the adopting party
shall institute adoption proceedings pursuant to the provisions of Act No. 9 of
January 19, 1995, as amended. For such purpose, the Department or the adoption
agency shall expeditiously render a report on the expert social study to the Court in
order to award the petition. Only expert social studies with over one year of
effectiveness shall be updated. The Department or adoption agency shall
immediately notify the adopting party of any proceedings instituted in relation to
the minor, to which the adopting party is not a party.
As for instances of Voluntary Surrender of a Minor, the Department shall
assume parental rights upon execution of the agreement. The Department shall
exercise due diligence in identifying the recorded father or mother who has not
agreed to surrender such minor and notify him/her of his/her rights, pursuant to
that which is established in this Act. After the fifteen (15)-day rescission term has
elapsed, the Department, the adoption agency or the adopting party may execute a
placement agreement. Subsequently, any of the above may initiate adoption
proceedings pursuant to the provisions of Act No. 9 of January 19, 1995, as
amended. For such purpose, the Department or the adoption agency shall
expeditiously render a report on the expert social study on the adopting party.
Only expert social studies with over one year of effectiveness shall be updated.
The Department or adoption agency shall immediately notify the adopting party of
any proceedings instituted in relation to the minor, to which the adopting party is
not a party.
Adopting parties who have executed an adoption agreement or a placement
agreement with the Department may:
1. File a petition for adoption pursuant to that which is established in
Act No. 9 of January 19, 1995, as amended.
2. Intervene as a party in any proceedings concerning the minor, such as
actions for filiation and contest of termination of parental rights, among others. To
such effect, they may present expert proof, among others.
3. Request the consolidation of other court proceedings concerning the
minor together with the court proceedings for adoption.
CHAPTER VI
TRANSITORY PROVISIONS
Section 23.—The fifth paragraph of Section 3 of Act No. 177 of August 1,
2003, as amended, is hereby amended to read as follows:
“Section 3.—Public Policy.—
Therefore, we declare to be the public policy of the Government of Puerto
Rico to guarantee the best interests and the comprehensive protection and well-
being of minors and adolescents, and that in discharging the duty to guarantee this
well-being, we must provide opportunities and make a reasonable effort to
preserve family and community ties, when this is not to the detriment of minors.
Furthermore, when removal has been necessary for protection purposes, the
opportunity to reunite the minor with his/her family must be facilitated, provided
that it is in the minor’s best interests. This procedure shall in no way compromise
the wellbeing of the minor, which is the fundamental principle underlying the rules
established hereunder.”
Section 24.—Section 39 of Act No. 177 of August 1, 2003, as amended,
is hereby amended to read as follows:
“Section 39.—Temporary Custody; Hearings.—
If after considering the evidence introduced during the hearing on its merits,
which shall take place within fifteen (15) days following the decision, the
corresponding part of the Court of First Instance of Puerto Rico finds that the
circumstances which caused the removal and emergency custody still exist, or that
other conditions that require said action exist, said Court shall award temporary
custody to the Department and schedule a follow-up hearing.
…”
Section 25.—A third paragraph is hereby added to Section 41 of Act No.
177 of August 1, 2003, as amended, to read as follows:
“Section 41.—Follow-up Hearing; Progress Reports.—
…
…
In addition to what is provided in this Section, the Court shall schedule a
follow-up hearing within six (6) months as of the date of having awarded
temporary custody of the minor. In said follow-up hearing, the judge shall
determine whether the family, father, mother or person in charge of the minor is
expending reasonable efforts as required under this Act to achieve family
reunification. If such is the case, the judge shall provide the family, father, mother
or person in charge of the minor a term not greater than three (3) months to
continue receiving services based on the Permanent Placement Plan to attempt
family reunification. However, if in said hearing the Department certifies and
proves to the judge that the family, father, mother or person in charge of the minor
shall not comply with the Permanent Placement Plan previously established or
does not wish to carry on with the Permanent Placement Plan, the judge shall
convert the follow-up hearing, established in this Section, into a final ruling
hearing, pursuant to Section 42 of this Act.”
Section 26.—Section 42 of Act No. 177 of August 1, 2003, as amended, is
hereby amended to read as follows:
“Section 42.—Final Ruling Hearing.—
The Court must hold a ruling hearing within a period that shall not exceed
twelve (12) months after having awarded temporary custody of the minor.
…”
Section 27.—Section 47 of Act No. 177 of August 1, 2003, as amended, is
hereby amended to read as follows:
“Section 47.—Right of Foster Homes and Adopting Parties.—
Any person in charge of a foster home or who has a minor in his/her care for
a period greater than six (6) months, and any adopting party who has executed a
placement agreement concerning such minor, may be heard, in the discretion of the
Court, in any proceeding for the protection of a minor who lives or has lived in the
home of the former, so that the former may contribute evidence on the physical,
emotional, mental or sexual state of the minor while in their care, but the former
shall not be deemed to be a party thereto. The Court shall make a determination
with regard to the request, taking into account the best interests of the minor.”
Section 28.—Section 50 of Act No. 177 of August 1, 2003, as amended, is
hereby amended to read as follows:
“Section 50.—Reasonable Efforts.—
Except as provided below in this Section, reasonable efforts shall be made to
ensure the well-being and full protection of the minor and to preserve the integrity
of the family prior to the removal of a minor from his/her home. The family
reunification process shall be carried out insofar as it is not inconsistent with or
detrimental to the wellbeing of the minor. Personnel of the Department shall make
use of resources for the support of individuals, families, and the community,
as well as internal and external resources of the Department and other public and
non-governmental agencies, to improve the living conditions of families that may
endanger the life and safety of a minor. After removing a minor from his/her
home, reasonable efforts shall be made to reunite the minor with his/her family for
a period that shall not exceed six (6) months. This term shall be strictly observed
and may only be extended for just cause at the discretion of the judge. Moreover,
support services shall continue once the minor is permanently placed.
(1) …
(2) …
(3) …
(a) The efforts to change the behavior of the father, mother or person
in charge of the minor have been unsuccessful after six (6) months of having
initiated the service plan, according to the evidence presented in the case.
(b) …
(c) …
(d) …
(e) …
(f) …
(g) …
(h) …
(i) When a healthcare professional certifies that the father and/or
mother or person in charge of the minor is afflicted by chronic abuse of a
controlled substance that prevents the return of the minor to the custody of
any of the former within a period of six (6) months after having initiated the
proceedings.
In those cases in which the Court determines, pursuant to the guidelines set
forth in this Act, that no reasonable efforts shall be made, a permanent placement
hearing shall be held for the minor within fifteen (15) days following such
decision.”
Section 29.—Section 52 of Act No. 177 of August 1, 2003, as amended, is
hereby amended to read as follows:
“Section 52.—Termination, Restriction, and Suspension of Parental
Rights.—
In any proceeding initiated to protect a minor who has been the victim of
abuse and/or neglect, as defined in this Act, or when the circumstances described
in Section 166-B of the Puerto Rico Civil Code are present, the Department may
petition, through a written motion, for the termination, restriction or suspension of
parental rights over the father or mother of those minors under legal or physical
custody of the Department, without having to initiate a termination suit. In such
cases, a hearing must be compulsorily held, to be conducted within a term of not
more than fifteen (15) days from the notice of the petition for termination,
restriction or suspension of parental rights. In said motion, the parties shall be
notified of their right to legal counsel. The father and/or mother may only
relinquish his/her parental rights pursuant to the provisions of Section 53(a).”
Section 30.—Section 53 of Act No. 177 of August 1, 2003, as amended, is
hereby amended to read as follows:
“Section 53.—Parental Rights; Petition for Termination.—
The Department may initiate a proceeding for the termination, restriction or
suspension of parental rights under any of the following circumstances:
(a) …
(b) When a minor has remained in a foster or substitute home for six (6)
months, provided the Department has rendered services according to the permanent
placement plan that has been established so the minor may return to his/her home.
(c) …
(d) When the Court determines, pursuant to the requirements set forth in
this Act, that the father and/or mother is unwilling or unable to assume
responsibility and protect the minor from risks to his/her health and physical,
mental, emotional and/or sexual integrity, and that such circumstances will not
change within a period of six (6) months after having initiated the proceedings
according to the hearing presented in the case.
(e) …
(f) …
(g) …”
Section 31.—Section 54 of Act No. 177 of August 1, 2003, as amended, is
hereby amended to read as follows:
“Section 54.—Contents of the Petition.—
A petition for termination of parental rights must be made under oath and
shall include at least the following:
…
At the time the petition is filed, the Court shall set a date within the
following ten (10) days for holding the hearing, which shall not be suspended
except for just cause. Furthermore, at the time the petition is filed, the parties shall
be notified of their right to not be deprived of their parental rights without being
assisted by an attorney. If the respondent fails to appear or fails to justify his/her
nonappearance, the Court shall find him/her in default and may pronounce
judgment without further summons or hearing. Moreover, the proceedings for the
termination of parental rights may be conducted simultaneously with adoption
proceedings, as provided in Act No. 9 of January 19, 1995, as amended, known as
the ‘Special Legal Proceedings Act.’ Once the termination of parental rights
becomes final and binding, the Department may immediately institute adoption
proceedings.”
Section 32.—Section 55 of Act No. 177 of August 1, 2003, as amended, is
hereby amended to read as follows:
“Section 55.—Appeals.—
Any of the parties may file an appeal before the Puerto Rico Court of
Appeals, in the corresponding judicial region, petitioning for review by appealing
the sentence of termination of parental rights issued by the Court of First Instance
of Puerto Rico. The appeal must be filed within thirty (30) days following the
decision of the Court. However, the filing of an appeal shall not render the
decision made by the Court of First Instance ineffective.”
Section 33.—Section 612 of Act No. 9 of January 19, 1995, as amended, is
hereby amended to read as follows:
“Section 612.—Public Policy Statement.—
With regard to the welfare of the adoptee, it is hereby provided that adoption
proceedings be made expeditious and flexible, as well as confidential, in order to
protect the constitutional right to privacy of the parties. The confidentiality of
adoption proceedings, and in some cases, the identity of the adopting parents, is
intimately linked to the welfare and convenience of the candidate for adoption. On
the matter of adoption, the public policy is as follows:
(1) …
(2) To facilitate adoption proceedings in the most liberal and the
broadest way possible within the legal system in force in Puerto Rico, by
providing for simple, straightforward, and expeditious proceedings whose
transactions shall not exceed a total of seventy-five (75) from their
beginning to their final resolution, and to furthermore substantially
simplify and liberalize the legal requirements for issuing adoption decrees.
(3) …
It is the responsibility of the Department of the Family or the adoption
agency to carry out the corresponding expert social study so that the Courts may
exercise their power as parens patriae in pursuit of the welfare and convenience of
candidates for adoption. In every case in which a petition for adoption is filed, the
Department of the Family or the adoption agency shall be requested to undertake
an expert social evaluation. The Court shall make a determination to such effect
according to the specific circumstances of the case, taking into consideration the
recommendations of the report on the expert study, but such action shall not
constitute a limitation on its authority to decide on the adoption.”
Section 34.—Section 612A of Act No. 9 of January 19, 1995, as amended, is
hereby amended to read as follows:
“Section 612A.—Proceedings.—
Adoption proceedings shall be expeditious and flexible and shall be
conducted to their completion within a maximum term of seventy-five (75) days
from the time the petition for adoption is filed to its final resolution.”
Section 35.—Section 612B of Act No. 9 of January 19, 1995, as amended, is
hereby amended to read as follows:
“Section 612B.—Contents of the Petition.—
The petitioner shall file an adoption petition, under oath, with the
Specialized Family Part of the Court of First Instance of Puerto Rico
corresponding to the place of residence of the adopting party. Said petition shall
contain the following:
(1) …
The petition for adoption shall be filed under oath with the
Specialized Family Part of the Court of First Instance of Puerto Rico
corresponding to the place of residence of the minor, and it shall contain the
following:
(a) …
(2) Adoption proceedings may be conducted simultaneously with any
other court proceedings concerning the minor. Such proceedings may also
be conducted at the same time when deciding over several candidates for
adoption with the same parents.”
Section 36.—Section 613B of Act No. 9 of January 19, 1995, as amended, is
hereby amended to read as follows:
“Section 613B.—Report on Expert Social Study.—
The Department of the Family, or any private adoption agency duly licensed
by the Department, shall render a report on the expert social study to the Court for
the adjudication of any petition for the adoption of a minor or disabled person.
1. …
2. Term for Rendering the Report.—The report on the expert social study
must be filed within a maximum term of thirty (30) days from the date of the
notice of the petition.
3. …
4. …
5. …”
Section 37.—Section 613D of Act No. 9 of January 19, 1995, as amended, is
hereby amended to read as follows:
“Section 613D.—Scheduling and Holding of the First Appearance.—
The Court shall summon the parties for their first appearance, which must
take place within thirty (30) days after the Department of the Family has been
notified of the petition for adoption. Once the interested parties have been notified
or subpoenaed to attend the hearing for the first appearance, they shall be
admonished that should they fail to appear, the Court may decree the adoption
without further summons or hearing.
…”
Section 38.—Section 613O of Act No. 9 of January 19, 1995, as amended, is
hereby amended to read as follows:
“Section 613O.—Term of Expiration.—
The court action on the voidableness of the adoption decree must be
instituted before the expiration of the term of six (6) months from the date the
adoption decree becomes final and binding.
Section 39.—A new Section 613Q is hereby added to Act No. 9 of
January 19, 1995, as amended, to read as follows:
“Section 613Q.—Recognition and Validation of Interstate and Intercountry
Adoptions.—
The interstate or intercountry adoption of a minor by a resident of
Puerto Rico shall be recognized and validated by adoption decree in Puerto Rico.
Such adoption cannot be contrary to the body of laws of Puerto Rico or violate the
fundamental principles of human rights. Once the adoptee is in Puerto Rico, the
adopting party shall file a Petition for Recognition and Validation of Adoption
under oath at the Part of the Court of First Instance that corresponds to the place of
residence of the adopting party, in which the following shall be recorded:
a. The name(s) of the adopting party, age, occupation, civil status, place of
residence, address, and telephone number.
b. The original name and place of birth of the minor.
c. The place of adoption and a description of the circumstances which led to
the adoption, and
d. The new name of the minor and his/her age.
The petition shall include the following documents, which shall constitute
sufficient proof of the legitimacy of the transaction in the State, territory or foreign
country:
a. A certification of executive order, deed, judgment or decree of adoption
issued by the State, territory or foreign country, and if necessary, a certified
translation thereof.
b. An original or a certified copy of the document attesting to the birth of
the minor issued by the state, territory or foreign country, and if necessary, a
certified translation thereof.
c. In the case of foreign adoption, a certification of the authorization by the
Federal Government to admit the adoptee into American ground, evidence of
which may be the certificate of citizenship, a permanent residence visa or the U. S.
passport of the minor.
d. A report on the expert social study conducted for interstate or foreign
adoption duly certified by a licensed social worker.
The Court, after having confirmed the authenticity of such documents, and
after having evaluated the same, shall rule for the petition for adoption, in which
case, the Court shall issue an adoption decree. Registration of the adoptee in the
special register of the Vital Statistics Registry shall be executed pursuant to that
which is prescribed by law on the matter of persons born outside of Puerto Rico
and by the Puerto Rico Vital Statistics Registry Act.
The provisions of this Section shall also apply to interstate and intercountry
adoptions in the course of transacting validation and recognition, as of the effective
date of this Act.
As for the validation and recognition of interstate and intercountry adoptions
provided for in this Section, proceedings shall be conducted within a term not
greater than ninety (90) days from the date of having filed the Petition for
Validation and Recognition.”
Section 40.—Section 5.005 of Act No. 201 of August 22, 2003, as amended,
known as the “Judiciary Act of the Commonwealth of Puerto Rico of 2003,” is
hereby amended to read as follows:
“Section 5.005.—Seats and Courtrooms; Sessions; Jurors.—
…
Jurors for the several courtrooms shall be selected from the same
municipalities that comprise the corresponding Judiciary Regions.
In cases involving the termination of parental rights, adoption, and any
others arising from Act No. 177 of August 1, 2003, as amended, known as the
‘Comprehensive Child Well-being and Protection Act,’ shall be heard in a
courtroom especially designated to hear such cases.”
Section 41.—Severability Clause.—
If any clause, paragraph, subparagraph, article, provision, section or part of
this Act should be voided or found to be unconstitutional, the ruling to such effect
shall not affect, impair or invalidate the remainder of the Act. The effect of such
ruling shall be limited to the clause, paragraph, subparagraph, article, provision,
section or part thereof thus voided or found to be unconstitutional.
Section 42.—This Act shall take effect thirty (30) days as of its approval.
CERTIFICATION I hereby certify to the Secretary of State that the following Act No. 186 (H. B. 1657)
(Conference) of the 2nd Session of the 16th
Legislature of Puerto Rico:
AN ACT to establish the “Comprehensive Adoption Proceedings Reform Act of 2009,” in order to modernize and streamline adoption proceedings in Puerto Rico; to institute a diligent and expeditious adoption proceeding, whereby mothers with unwanted viable pregnancies, shall be provided with the option to continue such pregnancies; to provide that the Secretary of the Department of the Family shall adopt the necessary regulations to implement programs that facilitate adoption; to set forth the public policy of the Government of Puerto Rico on the matter of the establishment of a Safe Shelter system; etc.
has been translated from Spanish to English and that the English version is correct. In San Juan, Puerto Rico, on the 18th
day of February, 2011.
María del Mar Ortiz Rivera, Esq.
Director