Civil Sponsorship

What is Civil Sponsorship?

Civil sponsorship is a lasting legal relationship established between a child or young person and an individual or family, primarily involving the transfer of parental responsibilities for the sponsored child to the sponsor(s). This concept is regulated by an autonomous statute, Law No. 103/2009, of September 11 (henceforth, LAP).

How does civil sponsorship differ from adoption?

Civil sponsorship does not interfere with the biological relationships of the sponsored child or young person. This means that the sponsor(s) do not become a family member of the child/young person, but only establish emotional bonds with them. The biological family of the sponsored individual has the duty to cooperate with the sponsor(s) and the right to visit, maintain a relationship with the child, and monitor their development. The child’s parents also have the right to know who the sponsor(s) is/are, to contact them and the child, to know where the child/young person lives, to receive photographs or videos of the child, and to visit them, as stipulated in the agreement or judicial decision.

When is a child or young person sponsored?

Sponsorship can occur when a child or young person under the age of 18 is in institutional care, benefits from a protective measure, is in a situation of confirmed danger in a process by the Commission for the Protection of Children and Young People at Risk, and is referred for sponsorship.

Who can be a civil sponsor?

The LAP stipulates that any person over the age of 25 who is previously qualified for this purpose can be a civil sponsor. To be designated as a sponsor, a declaration of intent must first be submitted to social security, the competent body to assess the suitability and independence of the sponsor or family members to assume the responsibilities associated with this bond.

How is a civil sponsorship relationship established?

Civil sponsorship can be established by decision or court approval.

What consents are required for civil sponsorship?

If the sponsored child is over 12 years old, their consent is mandatory. Additionally, the authorization of the sponsor or their non-judicially separated spouse or partner, or the person living with them in a de facto union, is also necessary. The consent of the sponsored child’s parents is also generally required, as well as that of their legal representative or de facto guardian.

Who proposes the establishment of a civil sponsorship relationship?

Civil sponsorship can be initiated by the Public Prosecutor’s Office, the Commission for the Protection of Children and Young People at Risk, social security or another institution authorized by it, the legal representative or de facto guardian of the child or young person, or even the child themselves if they are over 12 years old. In addition to the options described, civil sponsorship can be initiated by the court itself.

What Rights and Duties do the sponsor(s) have?

Sponsors have the right to benefit from the legal framework of leave and absences, social benefits, to accompany the sponsored child in illness, and to consider them as a dependent for all tax purposes. On the other hand, they have the duty to exercise the parental responsibilities of the child in the same way as the child’s parents would, except for the exceptions provided in the agreement or judicial decision.

Is civil sponsorship permanent?

Although it is intended to be a lasting relationship, civil sponsorship can be revoked by the court when all parties agree, when the sponsor(s) fail to fulfill their duties or are unable to do so, when the relationship no longer serves the interests of the sponsored child, or when the child or young person adopts behaviors that seriously affect themselves or the sponsor(s) or their family life.

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