P.R. Laws tit. 32, § 2699h

2019-02-20 00:00:00+00
§ 2699h. Hearing on its merits

The hearing on its merits shall be held no later than thirty (30) days from the date of the first appearance. The [provision] herein is a mandate for strict compliance, indispensable to achieve the implementation of the public policy pursued by §§ 2699-2699s of this title for adoptions to be conducted expeditiously.

The hearing on its merits may consist of two (2) or more allegations concerning the nature of the proceedings and the matters to be resolved; in those cases in which the parents of the adoptee have not been previously deprived of patria potestad nor have they renounced the aforesaid voluntarily, a plenary hearing shall be held to that effect prior to the hearing on its merits for the second appearance, at which the presence of the adoptee shall not be required. During this hearing the father or the mother who is to be deprived of patria potestas shall be represented by an attorney.

At the hearing on its merits, all parties shall have the right to offer pertinent evidence to refute the documents and witnesses announced at the first appearance regarding [to] the adoption petition.

No interruptions, delays or suspensions of the scheduled hearing shall be allowed for any reason whatsoever, except should any of the aforesaid constitute an act of nature or force majeure, in which case evidence shall be duly provided to the court in writing and under oath. The unavailability of one of the attorneys or of a social worker shall not automatically constitute justification for the suspension of the adoption hearing.

The unjustified non-appearance of the parent, or parents or the special guardians or public defender with the power to appear in order to grant their consent to the adoption requested, shall be deemed to constitute full consent to the adoption petition. The intervention of any person who is not an interested party in the proceedings shall not be allowed during the adoption proceedings.

At the hearing on its merits the court may declare the adoption petition to be in order and the report on the expert social study, and in the proper cases, the consent, under oath, be it written or given in open court, of those persons who are legally called upon to consent to the adoption, shall be recorded in the files. The court shall also be convinced that the adoption shall guarantee the welfare and the best interests of the adoptee.

History —Jan. 19, 1995, No. 9, § 9.