How to adopt?
WHAT IS ADOPTION?
Adoption is primarily an act of love.
Once having as scope the interest of those who wanted to adopt, since the Federal Constitution of 1988 and the Child and Adolescent Statute of 1990, adoption has become a protective measure for children and adolescents. Much more than the interests of the adults involved, it is relevant for the law and for the judge who will decide whether the adoption will bring the child or adolescent to be adopted real advantages for their physical, educational, moral and spiritual development. Its purpose is to satisfy the right of children and adolescents to healthy family coexistence, a right provided for in Article 227 of the Federal Constitution.
Adoption entails the breaking of the entire legal bond between the child or adolescent and their biological family, so that the biological mother and father lose all rights and duties in relation to the former and vice versa (there is an exception when the child is adopted partner or spouse). The civil registration of the original birth is canceled for the preparation of another one, which will include the names of those who adopted it, and it is even possible to change the first name of the child or adolescent. The adoption has an irrevocable character, that is, that legal bond with the biological family is never re-established, even if those who adopted it die.
On the other hand, adoption gives the adopted child or adolescent all the rights of a biological child, including inheritance.
The Child and Adolescent Statute (Law No. 8.069/90) establishes rules and restrictions for adoption, namely:
The minimum age to adopt is 21 years old, marital status being irrelevant;
The minor to be adopted must be at most 18 years of age, except when already living with those who will adopt him, in which case the age limit is 21 years;
The adopter (the one who is going to adopt) must be at least 16 years older than the child or adolescent to be adopted;
Ascendants (grandparents, great-grandparents) cannot adopt their descendants; brothers cannot either;
The adoption depends on the agreement, before the judge and the prosecutor, of the biological parents, except when they are unknown or deprived of the parental power (often cumulate, in the same process, the application for adoption with the removal of the parental power of the biological parents, in this case it must be proven that they did not look after the rights of the child or adolescent involved, in accordance with the law);
In the case of an adolescent (aged over twelve), adoption depends on their express consent;
Before the adoption sentence, the law requires that a stage of coexistence between the child or adolescent and the adopters be fulfilled, for a period set by the judge, which can be waived if the child is less than one year old or already in the company of adopters long enough.
Contrary to what many believe, the procedure to adopt is simple and quick, which in most cases ends in a few months (less than a gestational period). It is healthy for families to try to regularize the situation of those children or teenagers they have welcomed and for whom they nurture a filial feeling.
That is, registering a third-party child as one's own is a crime, provided for in article 242 of the Penal Code, a penalty that can range from 2 to 6 years in prison. The false registration will always be false, as it is never validated with time.
Finally, the adoption process involves the intervention of a technical team, made up of social workers and psychologists, who will help prepare the family to welcome their future son or daughter.
Related institutes: guardianship & guardianship
In addition to adoption, the law provides for two other forms of fostering a child or adolescent by a foster family: custody and guardianship. In these cases, the child or adolescent is not accepted as a child, but as a pupil or guardian. Legal ties with the biological family are maintained.
Custody implies the duty to have the child or adolescent with you and provide them with material, moral and educational assistance, granting the holder the right to oppose third parties, including parents. Its purpose is to regularize the de facto possession of the minor, which may be granted at the outset in the adoption or guardianship processes. Outside of these cases, the judge may exceptionally grant custody to make up for the eventual absence of the parents.
Guardianship necessarily implies the duty of custody, in addition to the power to represent the guardian in the acts of civil life and to manage their assets. Unlike custody, guardianship does not coexist with the power of the country, whose loss (or at least suspension) must be previously decreed. Usually the measure applies to the orphaned child or adolescent, whose reference to the deceased biological parents does not justify the adoption by the foster family that is taking them in.
HOW TO ADOPT?
Brazilians or foreigners residing in the country
The adoption takes place through a judicial process before the judge with competence in the area of childhood and youth. Those who intend to adopt must go to the judge of the district where they reside.
In the City of Rio de Janeiro, the adoption must be pleaded before the 1st Children and Youth Court, Praça Onze de Junho 403, Praça Onze (corner of Avenida Presidente Vargas and Sambódromo).
There are two hypotheses in which it is adopted: either the family already lives with the child or adolescent who intends to adopt, aiming to legitimize an already existing filial feeling, or the family is looking for a child to adopt.
In the first case, the interested parties must file the application for adoption through a lawyer or public defender, with Law No. 8069/90 (Statute of Children and Adolescents) admitting that the application is made directly in a notary office in a petition signed by the applicants, when the parents are deceased, have been deprived of parental power or have expressly adhered to the request. As stated above, the application for adoption is often combined with the removal of the power of the biological parents, in this case, it must be proven that they did not look after the rights of the child or adolescent involved, in accordance with the law. In this case, the biological parents are summoned to, willingly, contest the request, judging the judge in the end according to the best interests of the child and adolescent.
In the second case, interested parties must apply for registration in the registry of the court of persons interested in adopting. From then on, a procedure is instituted in which they will be heard by the court's technical team (social workers and/or psychologists) and, before the decision to grant the registration, the Public Ministry will give its opinion. In the District of Rio de Janeiro, the interested party should contact the Social Service Division - DSS of the 1st Children and Youth Court (2nd to Friday, from 9 am to 4 pm) to be guided on the procedures of enabling for adoption. The same will be included in qualification groups for adoption, whose vacancies will be filled according to the order in which the application for qualification is filed, respecting the criteria established in Ordinance nº 07/2004. The enabling groups for adoption are expected to last 60 days and are intended to assist those interested in adopting. Qualified and enrolled in the registry, interested parties receive a certificate valid for 2 years and with which they can present themselves to shelter institutions or simply await the indication of a child by the DSS itself. Waiting time is quite variable and is directly related to the profile of the desired child. Documents required for the license application are:
Identity card of the applicant(s) and CPF;
Marriage or birth certificate of the applicant(s), if applicable;
Proof of residence of the applicant(s);
Proof of income of the applicant(s);
Ctest of physical and mental health of the applicant(s);
Declaration of moral integrity of the applicant(s) - presented by two persons who are not related to the applicant(s).
The processes of Qualification for Adoption from other counties must be accompanied by the respective psychosocial studies and a copy of the Certificate of Qualification for Adoption.
It should be noted, once again, that the entire procedure is free of charge.
Foreign Residents Abroad
Adoption by a foreigner residing abroad is considered by law as an exceptional measure, being possible, therefore, only when the child or adolescent is not intended by a person residing in the country.
It differs from the adoption process formulated by nationals as to the stage of coexistence, which will necessarily be fulfilled in national territory for at least fifteen days when a child up to two years of age and for at least thirty days when it comes to adopting over two years deity.
The adoption process, which will proceed before the Children and Youth Judge of the county where the child or adolescent is located, is preceded by a qualification procedure before the State Judicial Adoption Commission - CEJA, observing the rules established in its Rules of Procedure Internal and The Hague Convention.
help without adopting
You can help a child or teenager, without necessarily having to adopt them, offering them affection, support and protection; following its development and promoting its future; supporting your family, providing your studies, giving them love, through the following ways listed below:
1. Some teens need to be referred to decent work so they can support their families and stay in them. Offer them courses and jobs. Look for the Courses and Internships Service - BECA. TEL.: (21) 2293-8701 extensions - 235, 236 and 241
2. Sponsoring a family: through the donation of a minimum wage for one year or through the donation of hygiene products, cleaning products, food baskets, school supplies, while the family is guided by the Family Orientation Service team - NEP to acquire competence to better care for their children. TEL.: (21) 2273-5459 - extensions 246 and 247
3. You can directly help the shelters for children and adolescents in the city of Rio de Janeiro. For more information about the shelters, contact SIOA - TEL. / FAX: (21) 2293-8629 - extensions: 239 and 240.
QUALIFICATION FOR ADOPTION:
It is mandatory to participate in the Informative Meeting that takes place on the last Thursday of each month, at 1 pm, in the auditorium of VIJI-Capital. It is necessary for the interested party to present themselves at least 30 minutes in advance to obtain the password.
PURPOSE OF THE INFORMATIONAL MEETING:
Provide a space for information and clarification regarding adoption, so that participants can apply for authorization for adoption aware of the implications of this act.
FEATURES OF ADOPTION:
adoption assigns the status of a child to the adopted person, with the same rights and duties, including inheritance, disconnecting him from any link with parents and biological relatives, except for marital impediments;
can adopt those over 18, regardless of marital status;
the ascendants cannot adopt the descendants or siblings among themselves;
the minimum age difference between the adopter and the adoptee is 16 years;
the bond of adoption is constituted by a court decision;
adoption is an exceptional and irrevocable measure that aims to meet the child/adolescent's right to family and community life.