Late Adoption: State Civil Responsibility
Keywords:
Legal Adoption, Children of Creation, Institutionalization of AdoptionSynopsis
Adoption in Brazil had no regulations until the Civil Code of 1916. The family is the base cell of society, responsible for the physical, psychological and
emotional development of individuals. The Constitutional Text of Brazilian Law is
clear and precise regarding the adoption, it is a legal a
ct, under the jurisdiction of the
Judiciary, which guarantees to the adoptee the same rights that assist natural
children. Adoption is essentially an assistance institute. Its social function is to protect
the adoptee, inserting him / her in a new family,
ensuring that he / she adapts to a
new family environment, equating him in everything to a legitimate son of the
adopter. The only valid adoption is one that passes through the scrutiny of the
Judiciary, as it will fulfill all legal requirements and produc
e the legal effects that the
institute intends. There are many parents who took children for adoption and without
knowing it, they practiced a criminal conduct, they have to register their son as if it
were natural, they live with the fear that the truth w
ill be revealed to the child. This
practice is more present than I imagined. The foster children are children of people
known to a family, who temporarily or permanently leave them in their care. Legal
adoption therefore transfers the father's power and cr
eates the bond of affiliation. It is
a parental right, with immediate effect, immediately affecting pending deeds.
Although adoption is considered a gesture of love, it is not always the first option
when couples choose to have children and thus constitute
their family
References
PEREIRA, Sirlei de Souza. Adoção tardia: responsabilidade civil do estado. 2020. 16f. Artigo (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2020.
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Published
November 30, 2020
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