The following persons shall give consent to adoption before the court:
(1) The adopter or adopters.
(2) The adoptee over ten (10) years of age.
(3) The father, mother or parents of the adoptee who, at the moment of the adoption, possesses his/her patria potestas, as well as the father or mother who due to a divorce decree does not possess the patria potestas of a minor. Said consent shall not be required in the following cases:
(a) When both or either parent have been deprived of patria potestas according to the provisions of §§ 632—634c of this title, and pursuant to any other legal provisions in effect that apply to these cases.
(b) When the adoptee is a minor emancipated by judicial decree or granted by the father, mother or parents with patria potestas; and when the adoptee is duly qualified for adoption.
(c) When the father, mother or parents called upon to consent are disqualified by judicial decree, or when their whereabouts are unknown or they are declared absent from the jurisdiction of Puerto Rico.
(4) The father or mother who, on the date the petition is filed, has acknowledged the minor to be adopted as his/her child.
(5) The Secretary of the Department of the Family, when a non-emancipated minor to be adopted is under his/her guardianship and care and whose father, mother or parents have been deprived of patria potestas.
(6) The special or legal guardian designated for the purpose of consenting to the adoption.
(7) The parents who are minors, but over eighteen (18) years of age, who are married to each other on the date the adoption petition is filed.
(8) The biological grandparents when the biological parents are non-emancipated minors. In their absence, the court shall appoint a public defender for the biological parents.
History —Civil Code, 1930, added as § 134 on Jan. 19, 1995, No. 8, § 1.