Circumstances that prevent or condition the adoption: the scope of the so-called “chadian clause”

Abstract

Following the case of the French NGO “Zoé´s Ark” and its attempted illicit transfer to France of 103 children, supposedly orphans of the Chadian war, the Spanish legislator incorporated into the art.4 LAI the so-called “chadian clause”. This is a series of conditions that affect the processing of adoption and are linked to the Spanish authorities. However, it is questionable whether the circumstances can also affect the sector of the effectiveness of adoptions constituted by the authorities of a country to which one of the prohibitions or conditions provided in this precept.