Brazilian adopters will have priority to foreigners

It was issued on Thursday (4) in the Official Record the National Law on Adoption, which enters into force in three months. One of the main objectives of the new rule is to reduce the time of permanence of children in shelters, which is currently unlimited. The law was based on bill 1756/03, of deputy João Matos (PMDB-SC).

The new National Law on Adoption (12,010/09) defines a 2 years period of permanence of children or adolescents in a shelter. The Justice and the Public Defense Office, based on shelters’ reports, shall evaluate every six months the situation of all sheltered children and adolescents. This is a way to prevent that children are “forgotten” within the shelters, as it can occur nowadays.

National registration
After this 2 years deadline, when is not possible their family reintegration, the children is submitted on the national adoption registration and should only remain sheltered if the adoption is not possible. Nowadays thousands of children remain for indefinite time in shelters without being registered for adoption.

The shelters can only receive Public funds if they get adapted to these principles. The noncompliance of the law by the shelter manage will lead to its destitution, without prejudice of the determination of administrative, civil and criminal responsibility.

International adoption
The Brazilians living abroad will have priority to foreigners, in events of international adoption of Brazilian children or adolescents.
There will be different registrations for people or couples living aboard, which will only be consulted if there are not national candidates enabled within the state and national registers.
The foreign or Brazilian adopter living abroad shall live together with the adopted at least 30 days in Brazil. Previously this deadline was established by the judge.

Other provisions
The adopted has the right to know their biological origin and of obtaining unrestricted access to the process of adoption after completing 18 years. From 12 years, they need to agree with the adoption in a judicial hearing. Previously, the judge decided whether listening to the children or not, and whether taking their opinion into account or not.

The minimum age of the adopter decreases from 21 to 18 years. There are not restrictions regarding the marital status. Homosexual couples still cannot adopt children as couples; however, nothing prevents one of the two from adopting as a single person.

From the Newsroom/WS/RX
Translation - Grupo Solucion-SP Language/Edgar Casadei