Spain has positioned itself as one of the most advanced countries in LGTBI+ rights, standing out for its inclusive legislation and active defence of family equality. Since the approval of same-sex marriage in 2005 through Law 13/2005, same-sex couples have had the right to adopt under the same conditions as heterosexual couples, both in domestic and international processes*.
This legal openness has made Spain a European benchmark not only in terms of civil rights but also in the recognition of diverse families as an essential part of the social fabric.
Spain records approximately 12 adoptions per 100,000 inhabitants, one of the highest rates in Europe.
In 2021, 675 domestic adoptions and 171 international adoptions were formalised, with more than 2,400 active applications.
Although the current legal framework guarantees equal rights, the number of adoptions by same-sex couples remains low, partly due to administrative hurdles and prolonged procedural timelines.
(Source: Ministry of Social Rights and Agenda 2030)
Since 2005, the Spanish legal system has allowed LGTBI+ couples to pursue both joint adoption and intrafamily adoption of the child of their spouse or registered partner. Despite the absence of legal impediments based on sexual orientation, practical challenges may arise, such as extended waiting periods or restrictions in international adoptions depending on the laws of the child’s country of origin.
Emotional and financial stability of the couple
At least one adoptive parent must be 25 years or older
Certificate of suitability issued by social services following a psychosocial assessment
Age difference between the adoptive parent and the child must be between 14 and 45 years, depending on the region
Legalised marriage or registered partnership, especially for international adoptions
| Stage | Estimated Duration |
|---|---|
| Interviews and initial evaluation | 6–12 months |
| Certificate of suitability | 1–2 years |
| Child assignment | 2–5 years (varies) |
| Final registration procedures | 1–3 months |
| Total average time | 7–9 years |
The time to complete the adoption may be significantly longer for male couples, largely due to existing restrictions in the legislation of several countries of origin regarding international adoption.
Spanish legislation currently allows non-residents to adopt, provided the process complies with Spanish adoption laws and there is effective coordination with the relevant authorities in the adopters’ country of residence.
If you reside abroad and wish to adopt in Spain:
You may get legally married in Spain or at an authorised Spanish consulate
You must start the suitability assessment in your country under international agreements
The adopted child can be registered with the Spanish Civil Registry or consulate, granting full legal recognition
This is a feasible and increasingly common route for LGTBI+ families seeking to establish a home in Spain.
Giambrone & Partners, through its specialised division Gay Lawyers, offers comprehensive legal advice to same-sex couples wishing to adopt, whether they live in Spain or abroad. Our team provides guidance at every step with professionalism, empathy, and full confidentiality.
We assist with:
Preliminary legal guidance and documentation
Coordination with social services and authorities
Legalisation of marriage or registered partnership
National and international adoption procedures
Civil registry registration of the child in Spain or at the appropriate consulate
Do you want to adopt in Spain, whether as a resident or from abroad?
Contact us — we’ll help you build your family with full legal guarantees.
