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Family Law

Adoption in Chile

Adoption in Chile runs through the state child-protection system and the Family Courts, not through private arrangements.

How adoption works in Chile

Adoption in Chile is a court-supervised process designed to give a child without adequate family care a permanent family. Children are declared adoptable by a Family Court only after the protection system has exhausted the possibility of staying in the family of origin. Adopters then go through an evaluation and a matching process run by the state child-protection service and accredited institutions.

The law has been in transition. Ley 19.620 governed adoption for years, and a newer statute, Ley 21.760, was enacted in 2025 to replace it, with entry into force tied to regulations and transitional steps. Which rules apply to a case depends on timing, so any plan should start with a check of the current framework. Private or informal adoption does not exist, and falsifying a birth record is a crime. Expats who already care for a child, for example through family placement, should not assume that this creates adoption rights; the legal status of the child and the court's decisions come first.

Foreigners and intercountry adoption

Chile is a party to the Hague Convention on intercountry adoption, and foreign agencies need authorization from the Chilean authorities. Residents of Chile generally go through the national system. Applicants abroad depend on an authorized central authority or agency in their own country.

The U.S. Department of State has stated that intercountry adoptions between Chile and the United States are not currently possible, because no U.S. adoption service provider is authorized to work in Chile. Check the latest guidance before you start, and expect that the position can change.

What to expect, honestly

Adoption in Chile is a matter of the child's interests, not the adults' wishes. The process involves interviews, evaluations and waiting periods, and there is no way to guarantee a placement or a date. Anyone who promises a quick adoption is not describing the system.

Our role is to explain the rules, to prepare documents and to represent you in court where a lawyer is needed. We do not select or match children, which is the task of the state authorities. Where adoption is not the right path, we discuss alternatives that may protect a child and the people caring for them.

What we handle

Orientation for foreign residents

Explaining the system, the eligibility questions and realistic timelines for expats living in Chile.

Stepchild adoption

Advising on adoption by a spouse of the parent's child, which is treated differently from adoption of an unrelated child.

Court proceedings

Representing adopters or relatives in the Family Court, where the judge decides on the adoption.

Intercountry adoption questions

Checking the status of adoptions across borders, including the Hague Convention framework.

Related family matters

Custody by relatives, foster care and guardianship, which may be alternatives for a given family.

Starting the conversation from another country

01

Is adoption the right route

We explain the framework in plain English and tell you when another path, such as stepchild adoption, fits better.

02

Documents and legalization

We help you gather the civil, financial and background documents, with apostille and sworn translation where needed.

03

Court steps in Chile

Where a court case is needed, our attorneys appear for you and report at each stage.

Adoption in Chile — common questions

What English-speaking clients ask us most about this specific service.

Can foreigners adopt a child in Chile?
The system is mainly open to adopters who live in Chile, subject to evaluation by the authorities. Applicants outside Chile depend on the Hague Convention framework and authorized agencies.
Are intercountry adoptions with the United States possible?
According to U.S. Department of State guidance, not currently. Check its Chile page for updates before starting, and ask us if you want help interpreting the Chilean side.
How long does adoption take in Chile?
It varies and cannot be promised. The process includes evaluation, waiting for a match and court steps. We give a general picture after learning your situation.
Can I adopt my spouse's child?
Chilean law has specific rules for the adoption of a spouse's child. Requirements depend on the child's situation and the other parent's position. We review your documents.
Which law applies now, Ley 19.620 or Ley 21.760?
The new law was enacted to replace the old one, with entry into force tied to regulations. We confirm which rules apply to your timing before advising.

Talk to a Chilean lawyer about adoption

Get an initial assessment in English, confidential and with no obligation.

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