Late adoption

state civil responsibility

Abstract

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 act, 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 produce 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 will 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 creates 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.