The complaint and the judicial claims
The complaint and the judicial claims
The judicial course of this case is structured in several distinct phases. In 2021, an initial criminal complaint was filed in Bilbao regarding the acts related to identity misappropriation. That complaint was dismissed on the grounds of statutory limitation and, after being appealed, was dismissed again for the same reason.
In parallel, a civil claim was initiated in Pamplona seeking both the annulment of the adoption and the recognition of biological filiation. In that proceeding, the annulment of the adoption was not resolved, while the filiation was ultimately recognised by the courts, giving rise to the decision presented in the sentence section.
Subsequently, and in light of what was resolved regarding filiation, a new civil claim seeking the annulment of the adoption has been filed, this time before the courts of Bilbao. This procedure is currently pending.
Legal counsel
Guillermo Peña Salsamendi is a Spanish lawyer, partner at the law firm Domo Iuris Abogados (Madrid), and holds a master’s degree in Legal Practice from the Madrid Bar Association (ICAM).
He is primarily recognised for his role as legal advisor and spokesperson in cases involving stolen babies in Spain. He has acted as legal counsel for the association S.O.S. Bebés Robados Madrid and has represented numerous victims in judicial proceedings of historical relevance, including Inés Madrigal, in cases brought against Dr. Eduardo Vela.
He has also worked in the field of labour law, representing trade union organisations such as the Independent Cabin Crew Union (SITCPLA) in appeals before the Supreme Court.
He has further participated in forums and media outlets, analysing the existing legal framework and the institutional response to irregular adoptions in Spain.