ALTERATION OF PATERNITY, STATUS OR CONDITION OF THE CHILD

Article 221 of the Penal Code punishes the buying and selling of children and, more specifically, those persons who, in exchange for financial compensation, hand over a child, descendant or any minor to another person, evading the legal procedures of guardianship, foster care or adoption, with the purpose of establishing a relationship analogous to that of filiation. This behavior is punishable with imprisonment from 1 to 5 years and special disqualification from exercising the right of parental authority, guardianship, conservatorship or guardianship for a period of 4 to 10 years, penalties that can be imposed both on the person who delivers the child and on the intermediary and the recipient, even if the delivery of the minor has been carried out abroad.

In addition, if the acts are committed through day-care centers, schools or other establishments where children are taken in, the guilty parties will be punished with special disqualification from the exercise of such activities for a period of 2 to 6 years, and the temporary or definitive closure of the establishments may be ordered. On the other hand, the educator, physician (doctors, midwives, nurses or any person who performs a health activity), authority or public official who, in the exercise of his profession or position, performs any of the behaviors previously described, will be punished, in addition, with the penalty of special disqualification for public employment or position, profession or trade, from 2 to 6 years (art. 222 of the Penal Code).