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Family Law

Lula sanctions new National Adoption Law

This article was translated by an automatic translation system, and was therefore not reviewed by people.


New rules limit the time children are in shelters.
Over 18, even singles, will take

President Luiz Inácio Lula da Silva signed on Monday (3) a new Law on Adoption. Under the new rules, children and adolescents should not be more than two years in the shelter of protection, barring express recommendation of Justice. Shelters should also send monthly reports to the court stating the conditions for adoption or return to the family of minors under his tutelage. The law goes into force 90 days after publication in the Official Gazette, which must happen on Tuesday (4).

The new law also provides that all persons over 18, regardless of marital status, can adopt a child or adolescent. The only restriction for individual adoption, which will always be assessed before the justice, is that the adopter is at least 16 years older than the adoptee.

In the case of adoption by couples, they must be legally married or maintain a stable civil union recognized by the court.

According to the office of Senator Aloizio Mercadante (PT-SP), rapporteur of the matter in the Senate, will not be allowed to adopt for same-sex couples because the law can not include the stable union between homosexuals as it has not been legally recognized in country. Also according to the office of Senator, the Supreme Court (STF) to judge this year to recognize the civil union stable between same sex in Brazil.

The new rules also provide for the establishment of national and state registries of children and adolescents in a position to be adopted and authorized persons or couples for adoption. The law also provides preparedness of prospective parents and family monitoring post-child-or adolescent.

For international adoptions, the law also requires that the stage of coexistence will be met within the national territory for at least 30 days. However, international adoption is possible only in the latter case, the preference is always given to national adopters and then the Brazilians living abroad. The measure is in accordance with the Hague Convention for international adoption.

The law also innovates by allowing the judge to consider the concept of "extended family" to give preference to adoption within the family, although not the immediate family of the child or adolescent. In such cases, uncles, cousins and close relatives, but not direct, take precedence over the national registry and state adoption.

Children over 12 years could say in the adoption process and the judge must gather their evidence and take them into account when deciding. The law also stipulates that the brothers should be adopted by one family, except in special cases will be reviewed by the Court.


During the ceremony, President Lula took the opportunity to make a defense of the image of Congress and lawmakers praise. 
 "This [the new National Law Adoption] shows the whole world all the criticism they do to Congress every single day ... I always say if we go to put a scale with good things and bad things were happening in Congress, good things are infinitely superior, "Lula said during the speech.

In assessment Chair, however, the best things Congress have less visibility. "But sometimes good things do not have the focus that we wanted to have," he said.

Source: G1

This article was translated by an automatic translation system, and was therefore not reviewed by people.

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