Adoção ilegal ou clandestina : uma análise jurisprudencial

Abstract

The objective of this work is to contribute to the discussion about the irregular adoption, also known as clandestine adoption, or “Brazilian style adoption”. Using indirect documentation, the institute of adoption, its requirements, procedures, and also the institute of the irregular adoptions, including its consequences in affective and legal matters were addressed in this work. The “Brazilian style adoption” is a form of simulation, which a person registers as his own, a child who is known to be from someone else. Despite it is considered an irregular practice, it is still done in Brazilian society with all sorts of justifications. Following an introduction about the formation of the family from the beginning to the current sorts of family arrangements, which includes the recognition of the homoaffective unions (homosexual relationships), since the adoption is one of the possible ways to insert a child in a substitute family, the institute of the adoption trough the time was treated, along with the development of the Brazilian Legislation, and the necessity of the adopter to perform all the legal procedures, as for example, to register to the competent regional system to be able to start the adoption process. Lastly, who can adopt, the concepts, the consequences of the illegal practice to the foster parents, the adopted child and third parts, including the discussion about the right to known the biological origin, the possibility to renounce a foster filiation status and some legal decisions that show the position of the Brazilian Judiciary, were brought up for examination. It was concluded that the irregular adoption, often carried out due to lack of knowledge, or by all sort of reasons, leads to several consequences to the people involved, that may include the annulment of the civil register, or even the maintenance of the socioaffective (foster) parentage status, despite any possible regret of the adopter, which is the reason why the theme and the development of this work were revealed to be so important.