Por: Rodolfo Varela
The Urgency of Not Repeating the Mistakes of the Past
In a landmark legislative session, Chile's Senate approved a comprehensive reform of the adoption system, sending the bill to its third constitutional stage in the Chamber of Deputies.
The initiative aims to modernize, streamline, and humanize the adoption process in the country, ensuring that the fundamental rights of vulnerable children and adolescents are protected.
The reform proposes key changes: reducing the current multi-stage judicial process—which can take years—and establishing a maximum 12-month period to determine whether a child can return to their biological family or be declared eligible for adoption. It also strengthens the subsidiary principle in cases of international adoption and guarantees children the right to access their identity and biological origins.
Painful Mistakes From the Past
This legislative progress cannot be fully understood without looking back. The failures of Chile’s adoption system are neither recent nor coincidental. Many originated during the military dictatorship (1973–1990), when state institutions were used to enable irregular, forced, or outright illegal adoptions, often with the complicity of the Armed Forces, the Judiciary, religious institutions, and human rights bodies corrupted during that era.
During this dark chapter, thousands of children—particularly from vulnerable families—were taken from their parents without consent or due process. These adoptions, often framed as “rescues” or “protective interventions,” were carried out through a network supported by silence, denial, or institutional endorsement.
Even today, the scars remain. Families continue to search for children who were taken from them, victims of a system that stripped them of their identity and right to live as a family.
A Reform With Principles—but Pending Challenges
The new legislation introduces core principles such as the best interests of the child, the right to be heard, and the preservation of cultural, ethnic, and religious identity. It also acknowledges the right of adopted individuals to access their biological history and family information.
Additionally, it grants foster families the possibility to adopt, recognizing the emotional bonds formed during protective care.
However, senators emphasized that the reform's success will rely on sufficient funding, professional training, and effective coordination among the judicial system, the Ministry of Social Development, and collaborating institutions.
An Opportunity to Repair—and Remember
During the Senate debate, proposals to prioritize heterosexual married couples as adoptive parents were rejected, reaffirming that the most important factor in adoption is parental suitability, not sexual orientation. The new approach puts children at the center—rather than traditional or ideological structures.
Yet this reform should also be seen as a chance to repair past harm, not just avoid future mistakes. Chile needs truth and justice for the victims of illegal adoptions during the dictatorship. Legal reform is one part of the solution; memory and recognition are the other.
Chile stands at a historic crossroads. This reform could mark a turning point—but its real impact will depend on its implementation. Because this is not just about writing new laws, but about building a new ethical foundation—one in which children are never again treated as files, statistics, or forgotten lives. Every child deserves to grow up in a home where they are loved, protected, and respected.
