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The National Congress approved and referred to the presidential sanction the new adoption, which introduces important changes in the Statute of the Child and Adolescent – ECA, in the Civil Code and in the Consolidation of Labor Laws – CLT.
Important approvals seeing that in 2016, only 1,226 children and adolescents were adopted in the country, a very small number in the face of the thousands of are in shelters and host institutions.
Each of these children has a history of abandonment, family violence, abuse of all kinds and incapacity of the biological family to provide for their essential needs, mainly because of their situations of chemical dependence on alcohol and other drugs.
On the other side of these institutions, tens of thousands of families are willing to welcome them, the They are single or married, of different ages, hetero or homosexuals.
Some already have adopted or biological children; others dream of being a parent for the first time. In the desire to love and the commitment to take in the family teenager and provide him with an environment of peace and affection for his education and development as a full human being.
This is the meaning of the new law. Reduce deadlines, remove barriers, simplify procedures. The Judiciary should be more the door that allows the child or adolescent to overcome and entering a family, than the additional make this difficult.
The new Law, which entered into force on November 22, 2017, with some attempts to to shorten the steps, but with some vetoes by President Michel Temer.
And it seeks to make the adoption process faster and gives priority to those interested in to adopt a group of siblings and minors with disabilities, a chronic disease or specific health needs.
The text recognizes provisional stability for workers who have achieved prohibit waiver during that period (as is already the case with pregnant women) and maternity leave of 120 days to foster mothers, including in the case of adolescents (until then, the rule only dealt with children).
The norm is still makes it clear that intrabreeding breastfeeding rests also women with adopted children, when the baby is up to six months old. It was set at 90 days for the stage of coexistence (initial phase of adoption).
Before, the deadline was stipulated freely by the court responsible for monitoring each case.
For a person or couple who lives outside Brazil, the period is 30 to 45 days – the previous rules did not determine time.
The law defines that adoption procedures should last up to 120 days, extendable by same period “by means of a reasoned decision of the judicial authority”.
And recognizes sponsorship programs: when people have no interest in adoption, but accept to live with the young person and help in the formation of “external links to the institution” where does he live. Legal entities can also sponsor, according to the new norm.
The program should have as a priority “children or adolescents with a remote possibility of reintegration family or foster family placement. ” Procedures were also regulated when the biological mother wishes to deliver the child before or shortly after birth.
This is possible when there is no indication of the father or when this also manifests that will, and the surrender must be secretive.
According to the law, the woman should be referred to the Justice of Childhood and heard by an interprofessional team. If no one in the family is eligible to receive the custody, the court shall order the extinction of family power.
Who to keep with the guard has 15 days to propose adoption action. Vetos The Plateau vetoed four devices that had passed in the Senate.
One of them authorized the registration for the adoption of newborns and children kept in shelters that were not sought by the biological family in up to 30 days. Temer considered the term “small” and “incompatible” with the system of the Statute of the Child and Adolescent about the extended family search. “In addition, it is insufficient to ensure that the mother did not act under the influence of the puerperal state and that, thus, may still claim the child. ”
The legislative proposal also sought to ensure that every family or institutional shelter would have its situation re-evaluated, at most, every three months.
The federal government understood that, “while commendable, the revaluation (…) would represent an overload on the activities of the interprofessional
SUAS Reception Services, which may compromise the performance and effectiveness of the work on other essential tasks. “
