Conflicto de competencia sobre el conocimiento en la impugnación judicial del acto administrativo de la negativa de solicitud de adopción

Abstract

Adoption represents par excellence, an institution of Family Law that, by judicial decision, turns a minor with no blood relationship into a child that, according to the law, becomes a biological child with equal rights and obligations.

In terms of adoption from a legal perspective, it is necessary to understand Family Law in-depth since because it involves the rights of a minor in a position of loss of parental authority or orphanhood, the State through its corresponding entities must protect minors in this vulnerable condition.

Although adoption is challenging, it is the best way to place a child in a family that provides the necessary stability. The State has instructed the MIES to be the entity in charge of regulating adoption in two phases.

Thus, during the administrative phase, citizens interested in adopting apply through an application form so that the MIES can evaluate whether they are suitable to adopt. In this way, it becomes imperative. There is a shift from Family Law to Administrative Law, for when the MIES denies an adoption application it does so through administrative act. If the denied applicants disagree with such decision, it is their right to challenge it; however, a question emerges about which judge is responsible for settling this controversy.