There are currently 4,962 children and adolescents in the country available for adoption, reported the National Adoption and Reception System (SNA). Data from the National Council of Justice show that of the effective adoptions made in the last six years, 47% were children who were up to three years old at the time of the sentence, 28% were children aged four to seven years old, 17% aged eight to 11 years old. completed and 8% were adolescents, that is, over 12 years of age. In 2019, 3,062 children were adopted through the SNA. In 2020, however, as one of the effects of the pandemic, only 2,505 won a new family.
There are several ways to adopt a child or teenager. The process is governed by the National Adoption Law (Law No. 12.010, of August 3, 2009) and by the Statute of the Child and Adolescent (Law 8069 of July 13, 1990). Learn about the main types of adoption:
It occurs when the child from another relationship of the spouse or partner is adopted, when the name of one of the parents is not included in the certificate, or when the parent has lost family power. There are also cases in which the parent dies and the spouse/partner adopts that person’s child, thus forming a new family and legal bond.
This is the best-known form of adoption, where the person/couple who wants to adopt must go to the Children and Youth Court of the region in which they live to qualify for the adoption process.
It is performed by a homosexual couple or a single person. The Federal Supreme Court recognizes same-sex unions as a family nucleus like any other and, in addition, the Child and Adolescent Statute authorizes adoption by a single person, without making any restrictions as to their sexual orientation.
4. By testament and posthumous adoption
Post-death adoption is allowed as long as, in life, the individual has manifested this will, starting the adoption process. Adoption purely by will is not allowed, although the declaration of willingness to recognize someone as your child is considered for further legal action.
Regulated by Article No. 42, Paragraph 2 of the Child and Adolescent Statute, in this modality it is mandatory for adopters to be married or maintain a stable relationship, with the need to prove the stability of the family.
In the case of divorced persons, legally separated persons, the legislation provides that ex-partners can adopt together, provided that, in this case, the stage of acquaintance has started during the couple’s relationship period, and that the existence is demonstrated of bonds of affinity and affection with the non-guardian.
6. Of major
According to the Statute of Children and Adolescents, it is possible for the adoption of persons over 18 years of age, as long as they are already under the guardianship or guardianship of the adopters (Article 40). The age difference between adoptees and adoptees must be at least 16 years old.
It is the one in which the adopters are resident and domiciled outside Brazil. This type of adoption is subject to its own procedures and specific regulation. This modality is an exceptional measure, that is, it will only be done when all possibilities of national adoption remain exhausted.
In addition to these types of adoption, a very common type in Brazil is illegal and known as “Brazilian adoption”, in reference to the famous “Brazilian way”. In this type of adoption, a newborn is handed over to other people to register as a child. The practice is defined as a crime, with penalties provided for in articles 242 and 297 of the Penal Code.
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