We consulted a person who recently went through the process for obtaining guardianship of a minor in the DR. This person explained that guardianship (la guarda) is covered in the Dominican Minors Code (Codigo del Menor).
We were told that guardianship of a Dominican minor is granted by a court decision only. It grants the responsibility for the upbringing of the minor to the guardians (up to 18 year birthday), making these responsible for the economic, social, child upbringing. The decisions of the guardians in the upbringing of the child will prevail over those of the parents. But the parents continue being her parents. The birth parents maintain the right to request the revoking of the guardianship on grounds of bad conduct or for mistreating the child at any time. Another court decision is needed to revoke the guardianship.
Adoption is non reversible. Also, interestingly, the Code establishes that the child taken into guardianship does not automatically inherit from the guardians, as would be the case of adoption.
Guardianship, with the mutual agreement of the parents, can be obtained in about six months if the parents and the guardians are in the Dominican Republic.
It is recommended that you secure the Codigo del Menor booklet, available at the Palacio de la Justicia in Ciudad Nueva, Santo Domingo and seek legal counsel on the matter.
