Open adoption in Spanish law. Backgrounds and its territorial and judicial application

Abstract

This paper analyzes the open adoption, introduced ex novo in the Spanish Civil Code in 2015, as other similar and simultaneous reforms in many countries, within the framework of an increasing commitment in comparative law towards a greater openness in adoption related both to the search for origins and to the relationship with the biological family. The process of the reform and the consolidation of this institution in Spain is studied, verifying its jurisprudential application and providing the results of a survey carried out in all the autonomous communities in 2022, which shows relevant results on its diverse territorial
implementation and the necessary joint reflection on the purpose of this institution from the perspective of the best interest of the child.