The Definition of adoption
For the Portuguese, adopt “is a direct transitive verb” (AURÉLIO, 2004), a generic word, that according to the situation can take on different meanings, such as: choose, choose, take, accept, receive, admit, acknowledge, among others.
When we talk of adopting a child, however, the term takes on a particular meaning: this perspective to adopt means to accept, through legal action and willingly, as a legitimate child, a helpless person by biological parents, giving it all rights of a natural child. In addition to the meaning of the concept, it is the significance of that action, ie the value it represents in the life of the individuals involved: parents and children.
Excluding the biological processes, all else being equal. Love, affection, anxiety , desire, expectation, waiting, uncertainty of sex, appearance of health conditions, problems with education and behavior, conflicts. All this happens in the relationship between parents and children from being independent biological or adopted children.
Adoption in Brazil
In Brazil, has been adopting a much longer, bureaucratic and stressful process. Today, with the support of the legislation and the advent of the Courts for Children and Youth, it is much easier and faster to adopt a child.
The legal history of adoption in Brazil brings us back to the early twentieth century. The subject is treated for the first time in 1916 in the Brazilian Civil Code. After this initiative has yet to approve: in 1957, of Law. 3,133; in 1965, of Law. 4655; and in 1979 the Law no. 6697 establishing the Brazilian Code of Minors .
Currently the legislation that focuses on this subject is as follows: Federal Constitution; Statute of the Child and Adolescent – ECA; Brazilian Civil Code; and Law no. 9,656 / 98.
The Federal Constitution
Adoption is addressed in the Federal Constitution, article 227 1 establishing as family duty of society and the State to ensure children and adolescents their basic rights. The § 6 of this article in addition to prohibit ” any discriminatory designation of their filiation ” (BRAZIL, Federal Constitution, art. 227, § 6, 1988), in adoption cases, sets the equalization of the rights of adopted children to biological children .
1 “Art. 227. It is the duty of the family, society and the State to ensure children and adolescents, with absolute priority, the right to life, health, food, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, and put them safe from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression “ (BRAZIL. Constitution, Art. 227, 1988).
The Child and Adolescent – ECA
In 1990 with the adoption of the Statute of the Child and Adolescent – ECA by Law No. 8.069 / 90, the adoption processes were facilitated. The document highlights the interests of adopting (son) and establishes the main objective of the adoption process to ensure the well being of this as stated in Article 43: ” The adoption will be granted when present real advantages to adopting and be based on reasons legitimate “(BRAZIL, ACE Art. 43, 1999).
As stated in the ECA, through the adoption of Act applicants, ie parents, give the adopted child the same rights as natural children. Also note that once the adoption process this is irrefutable, except in cases of abuse by parents. In this case, as would occur in the parents’ blood, “the adoptive parents lose their parental rights and the state is responsible for the custody sending them to an institution for destitute minors to define their situation, or put them in custody a relative who is able to receive them.
The new Civil Code adopted in 2002 by means of Law. 406/2002 reproduces the provisions of the Child and Adolescent – with regard to adoption. In addition to this there is the Law no. 9656/1998, which deals with health plans, but it will look into the issue of adoption when establishing the ” care coverage to the newborn, natural child or foster consumer, or your dependent during the first thirty days after childbirth “. It also assures that the enrollment in the health plan ” as a dependent, exempt from compliance with waiting periods, provided that registration takes place within thirty days of the birth or adoption ” and also the ” registration adopted son , minor twelve years old, taking advantage of grace periods have met the adopter consumer “(BRAZIL, Law no. 9,656 / 1998, emphasis added).
Standards to adopt a child
The general rules of adoption in Brazil are established primarily by the Child and Adolescent – ECA and can be summarized as follows:
- The person to be adopted should have a maximum of 18 years of age, unless you already live with the adopter (person who adopt).
- The minimum age of candidates for adopters is 21 years.
- Difference in age between the adopter and the adoptee is 16 years.
- ascendants (grandparents, great-grandparents) and descendants (children, grandchildren) may not adopt their relatives.
- No matter the marital status of the adopter.
- The adoption requires the consent of the biological parents, except in case of unknown paternity or when they have lost their parental rights.
- The adoption of most adolescent of 12 also requires the agreement of this.
- Before realized adoption is necessary to make a living stage between adopting and adopter. This is dispensed when the child is less than one year or when already living with the adopter
It Is Illegal
In addition to the situations referred to it it is common to find cases of illegal adoptions. It is called the ” Brazilian way ” is also expressed in the field. In these circumstances justice is circumvented and the child, the daughter of a person is adopted by another as a natural child.
In general people who adopt this stance have the best of intentions and seek only welcome an abandoned child, providing them with a decent life. These cases, when discovered, are almost always resolved with forgiveness of justice that recognizes the effort and understand the reasons that led the person to take this approach. However, it is not impossible to occur in given situations the child’s guardian loss.
This type of adoption, just for not being cool does not follow the principle of irreversibility, it means that even if the biological parents have given the child of their own free will, the adoption can be reversed and birth registration canceled at any time. Moreover it is a crime under Article 242 of the Penal Code Brasileiro, which can result in imprisonment for two to six years, and this can not and should not be ignored.
Documents Required for adoption
- Copies authenticated by a notary public of: identity, marriage certificate (if married), and proof of income.
- Copy of proof of address.
- Color Photos bust and the house dependencies (type 10X15).
- Moral character Declaration recognized firm of two witnesses.
- Medical certificate of physical and mental health with the recognition of professional signature firm.
- Negative criminal record certificate.
- Application of the completed and signed by the adoption (s) applicants and notarized.
Difference between adoption, custody and guardianship
Customarily people confuse adoption with custody of a child or the guardianship . It is true that the three actions are ways of welcoming a child helpless teenager, but can not be confused.
The protection is configured when a person given the task of caring for a child who is out of paternal power for some reason. The tutor must then administer the estate of that person, protect it, and is it as necessary. The guard is hosting a child or adolescent. The holder of the guard must then ensure assistance in all aspects: material, moral and educational. In neither of these two cases the child or adolescent child acquires status and processes may be revoked at any time, unlike adoption.