do business in the Dominican Republic - Pellerano & Herrera

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DOING BUSINESS INTHE DOMINICAN REPUBLICalimony payments.The Judge of First Instance who, after verifying that all formalitieshave been complied with, issues a judgment admitting the divorce,which cannot be appealed, by any of the parties must ratify this agreement.Afterwards the divorce must be registered, pronounced, and published withincertain deadlines.b) Divorce for Specific ReasonThe divorce for specific reason may be requested in the event of incompatibility,absence, adultery, criminal conviction, bodily harm, abandonment, and alcoholismor drug addiction.The competent court is the Court of First Instance of the domicile of the defendantspouse.This court, after examining the evidence and hearing the witnessesfrom each party, orders the divorce on behalf of one of the spouses and decides,among other things, on the custody of children, if any, and on the alimony payments.Ingeneral,children younger than four years should remain with the mother,and older children should remain with the parent obtaining the divorce, butthe court can always take into account any special circumstances.Once the term to appeal, which is two months, has expired, certain registration,pronouncement and publication formalities must be fulfilled.c) Special or Quick DivorceSpecial divorce applies only to foreign or Dominican couples residing abroadthat decide to divorce by mutual consent.The spouses need to sign an agreementbefore a Public Notary or similar officer in their country of residence where,apart from declaring their intention to get divorced and providing for the distributionof property, the custody of children, and alimony payments, they giveexclusive jurisdiction over the divorce to the Judge of First Instance.A DominicanConsulate must legalize this agreement.At least one of the spouses must be present at the hearing, while the other maybe represented by a duly notarized and legalized power of attorney. The judgewill also require copies of the marriage certificate and the birth certificates ofchildren, if any. If all formalities have been met the judge ratifies the agreementand admits the divorce.The process at the court, plus the registration, pronouncement and publicationof the divorce, takes from one to four weeks. Furthermore, in order to be validabroad the following authorities must certify the divorce judgment:a. The Attorney General Office,b. The Ministry of Foreign Relations, andc. The embassy or consulate of the country where the divorce is to be valid.ADOPTIONForeign persons that have been married for five consecutive years may adoptminors in the Dominican Republic.This term is three years for Dominican nationals.TheMinors Protection Code, contained in Law 136-03, regulates adoption.130
Pellerano & HerreraAttorneys at law131Under this statute, the National Council for Child Protection (CONANI) has therole of coordinating adoption procedures.All adoption requests have to comply with the provisions of the InternationalConvention on Minors Protection and other international agreements, and arehandled in the child's interests.a) Types of AdoptionSince the enactment of Law 136-03, Dominican legislation provides only the procedureof privileged adoption, which is irrevocable and creates for the adoptedchild a family relation that substitutes his family of origin.It grants the adopted child the same legal rights than a legitimate child. Theminor stops belonging to his natural family and becomes a member of theadopting person's family, with all legal consequences resulting therein, such aschange of name, rights of inheritance within the adoptive family and vice versa,etc. Privileged adoption can only be granted in relation to minors who areorphans, abandoned or of unknown parents. It may be national or international,depending on whether the adoptive parents are Dominican residents or foreignpersons.b) Requirements for AdoptionPersons wishing to adopt a minor in the Dominican Republic must fulfill the followingrequirements:To be at least 30 years old;To be married for more that five years, if they are foreigners, and more thanthree years, if they are Dominicans;To be at least 15 years older than the adopted minor;To live together in the country with the minor for at least 30 days if the childis more than 15 years old, or 60 days if the child is less than 15;To show a declaration of loss of parental authority in the case of abandonedchildren; andIf the adoptive parents have children older than 12 years, to present them atthe court.c) Adoption ProcedureThe adoption request is made to CONANI,and must contain all the relevant informationand documentation about the adoptive parents, such as proof of solvency,employment letter with indication of salary and time working for the company,or sworn statement with bank letter, health certificate, police record of thecouple not older than three months, photographs, psychological and social studiesabout the couple made by the competent authorities of their country of origin,official certification of country of origin of the couple stating that the naturalizationprocedure of the minor will be completed, report on the feasibility ofthe child's integration into the adoptive family, report on their social and moralstandards, marriage certificate legalized by Dominican Consulate and theMinistry of Foreign Affairs, birth certificate, etc.
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FOREWORDA place to invest ...The Do
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Pellerano & HerreraAttorneys at law
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