Undoubtedly, the adoption It is an act of love. There is, however, a long way to go from the moment the decision is made, until the adoption actually takes place.
Brazilian law has several bureaucratic provisions, which aim to facilitate the process of adaptation of the child or adolescent to the new family, avoiding trauma that may result from this process. Understand now all the steps involved in adoption process.
National Adoption Registry
From 2008, the National Justice Council launched the National Adoption Registry. It is an online system that contains all the data collected in the various Child and Youth Courts spread across the country, in order to facilitate and streamline the adoption processes.
The platform will make it possible to know more quickly who are the children to be adopted, as well as the profiles of families interested in adopting.
Homeland power and its relationship to adoption
According to IPEA, Institute of Applied Economic Research, of the total of 80,000 children and adolescents currently living in shelters in Brazil, only 10% (eight thousand) are eligible for adoption. This is because the parents of many of them still have the so-called homeland power.
"Fatherland power" is a set of rights and obligations with regard to the person and property of the unmanaged minor child, exercised on an equal basis by parents, so that they may carry out the duties imposed on them by law in view of the interest and child protection? explains lawyer Ana Paula Antonio Cosmo.
Children and adolescents suitable for adoption.
Children and adolescents under the age of 18 whose biological parents are unknown or deceased may be adopted, as well as minors whose biological parents have lost their power or spontaneously express their agreement to the adoption of their children.
The age of the minor is counted from the date of adoption request registered by the family concerned. People over 18 can also be adopted; In such cases the favorable or unfavorable decision will depend solely on the judgment of the judge responsible for the case.
Before a child is considered fit to be adopted, the family courts try to exhaust all possibilities of keeping them in contact with the biological family. Once the attempts are over, the minor is sent to the National Adoption Registry.
People able to adopt
All adults over the age of 21 or at least 16 years older than the child or adolescent in question are eligible for possible adoption.
The marital status of the person concerned is not relevant in the cases of adoption, except as a means of verifying the appropriate family conditions for the minor. However, if the person concerned is married or living in a stable union regime, the request must be made together with the partner, so that both will participate equally in all legal process involved in the adoption. In these cases, in addition, the family sticks will verify the stability of the union, aiming to avoid future problems.
In case of kinship of the applicant with the child (grandparents or uncles, for example), judicially it is not possible to adopt, but a custody request. This is a different process, although the court takes the same care as the adoption process when checking the applicant's conditions.
Step by step
As to children eligible for adoption, the procedure always begins with the adopting party looking for the nearest Childhood and Youth stick. In these courts the interested parties will be able to obtain all the necessary information, besides entering in the legal process.
After this first contact with the process, stakeholders are called for an interview with a social worker. This step classifies candidates as fit, unfit, and unfit. The fit will follow the next steps of the process, while the unfit are sent to think tanks so they can try again after a while and the unfit, having committed serious misconduct in the interview, are immediately disqualified and will not even be able to make any further attempts. future.
The third step is to separate and present the required documents, which will be duly analyzed by Vara. The required list is as follows:
- Identity Document (RG);
- proof of address;
- certified copy of birth or marriage certificate;
- CPF;
- copy of applicants' monthly income statement;
- attestation of physical and mental health;
- certificate of moral integrity signed by two witnesses, notarized;
- negative certificate of criminal record.
The next step is a second interview, this time with the responsible social worker visiting the applicants' home. He checks the conditions and routine of the house as well as the existing family environment, giving a favorable or contrary opinion according to the established criteria.
Finally, applicants are invited to visit shelters to choose a child who will temporary custody granted to applicants. This period of experience is necessary for both parties to adapt to the conviviality.
At the end of all the above steps, the process in court is initiated, and the judge's decision by definitive guard or not.
If you are considering adopting, remember that you will be dealing with humans. Properly evaluate the decision, as well as your financial and emotional conditions, and only start the process when you are sure of that decision. Once you have the child under your responsibility, give her all the love and education she can. For her, the experience of being adopted and subsequently returning to the shelter is very painful, so such conduct should be avoided as much as possible.
International Adoption Center | Cincinnati Children's (May 2024)
- Family
- 1,230
