Adoption and Foster Care Bill: Changes Being Debated

The Chamber of Representatives started debating the bill Promotion, Expedition, and Strengthening of the Adoption System on August 18, 2026. This bill proposes amendments to the Argentine Civil and Commercial Code and to the laws on Labor Contracts, Family Allowances Regime, and Comprehensive Health Care during Pregnancy and Early Childhood.
 

1. Principles

The bill specifically includes the principles of expediency, priority, and reasonableness regarding the procedures, as well as the cost-free nature of administrative and judicial proceedings relating to adoption procedures. It also establishes duties of disclosure and diligence for the agencies involved and stipulates that significant deviations from the prescribed time limits must be based on the specific facts of the case and in the best interests of the child or adolescent.
 

2. Emotional support persons

The text introduces the concept of “emotional support person,” defined as a person who, even though not related by blood, has developed a meaningful, stable, lawful and protective relationship with the child or young person. It also provides for their involvement in certain stages of the process and establishes mechanisms for assessing those emotional support persons who express a willingness to take on guardianship with a view to adoption.
 

3. Foster care

The bill maintains the temporary nature of foster care and stipulates that it does not, in itself, create a parent-child relationship. It also establishes that, if a child or young person has remained in the care of the same foster family for over 365 consecutive days, the judge must give special weight to certain circumstances when deciding their situation. These circumstances include the duration and quality of the relationship, the stability of the environment, the continuity of care, the impact of a potential separation, and the views of the child or young person.

Selecting a foster family for adoption would be subject to a suitability assessment, registration in the relevant registry, and a well-founded court order.
 

4. Special adoptions

Policies are in place to support the adoption processes for children and adolescents over the age of eight; groups of siblings; and individuals with disabilities, chronic illnesses, or special health needs. Measures include interdisciplinary support programs, specific training for applicants, and monitoring both during the process and after adoption.
 

5. Leaves and allowances

The project establishes a work leave of up to 30 consecutive days during the placement period, and a leave of up to 90 consecutive days from the date of granting foster care for the purposes of adoption. The latter may be extended under certain circumstances, including in cases of multiple foster care; when the child or adolescent is over eight years of age; or when the child or adolescent has a disability, a chronic illness or special health needs. The project also proposes a leave of up to ten working days per calendar year for interviews, assessments, administrative or judicial proceedings, and hearings relating to adoption processes.

As to social security, the bill proposes creating an Adoption Integration Allowance for individuals formally appointed in adoption placement or foster care proceedings. This benefit is incorporated as part of the proposed amendments to the Family Allowances Scheme.
 

6. Status of the bill

This bill is currently undergoing the lawmaking process.