After years of waiting and criticism over the absence of technical regulations, Costa Rica has taken a historic step in its child protection system. As of January 7, 2026, new rules came into force allowing pregnant women to express their intention to give their child up for adoption before birth, ensuring an orderly, safe, and humane process for both the mother and the newborn.

Ending the legal limbo
Although Costa Rican law already contemplated the possibility of prenatal adoption, the lack of a specific regulation prevented medical staff and social workers from PANI from acting in a coordinated manner during pregnancy. With the new regulation, a clear pathway is established: if a woman expresses no interest in raising the child, health centers must immediately activate an information and referral protocol to the National Child Welfare Agency.

A process centered on will and support
The regulation emphasizes that the mother’s decision must be free and informed. Throughout pregnancy, the woman will receive psychological and legal support. A key point is that final consent is not signed during pregnancy, but up to 40 calendar days after birth, allowing time for reflection after delivery.

Faster assignment of families
One of the major benefits of this measure is the reduction in the time babies spend in institutional shelters. Under the new system, PANI can identify and screen the adoptive family in advance. Once the baby is born and the decision is ratified, the selected family has 48 hours to confirm placement, allowing the newborn to go directly from the health center to a permanent home.

Protection in paternity conflicts
The regulation also considers scenarios in which the biological father disagrees with the adoption. In such cases, PANI is required to request expedited paternity testing. If paternity is confirmed and the man is deemed suitable after a one-month evaluation, he may take custody of the child, always prioritizing the child’s well-being and right to identity.

Towards a more humane system
Family law specialists argue that this development not only relieves the judicial system, but also offers an ethical alternative to women in vulnerable situations, preventing uncertainty from resulting in dangerous abandonment or traumatic processes. Costa Rica thus aligns itself with international standards aimed at ensuring that every child has the fundamental right to grow within a family from their earliest days of life.