OAB-CE 6963

International Adoption – Adoption by Foreigners or Brazilians not Resident in Brazil

 

INTERNATIONAL ADOPTION – ADOPTION BY FOREIGNERS OR BRAZILIANS NOT RESIDENT IN BRAZIL

Pursuant to article 2 of the Hague Convention of May 29, 1993, concerning the protection of Children and cooperation in respect of intercountry adoption, adopted by Legislative Decree n° 1, of January 14, 1999, and promulgated by Decree No. 3,087, of July 21, 1999. (Art. 51, caput of the Statute of the child and adolescent, with wording by law nº 12,010, of August 3, 2009), international adoption is that in which the person or couple postulant is resident or domiciled outside of Brazil. The standard procedure of adoption (International) is provided for in arts. 165 to 170 of the Act. In case of adoption by foreigner resident or domiciled abroad, the duration of coexistence spent on the national territory shall be at least 30 (thirty) days. (Article 46, paragraph 3 of the Statute of the child and adolescent, as amended by law No 12,010, of August 3, 2009).

Pursuant to art. 52 I of the Statute of Children and Adolescents, amended by Law No. 12.010, of August 3, 2009, the interested party who wants to adopt a  Brazilian child or teenager should make an authorized requestto to adopt at the Central Authority in respect to intercountry adoption in the country of  residence, so that after compliance with legal requirements in the country of origin with the recognition that one is able to adopt, a report which should be accompanied with the required documentation will be issued, including a psychosocial study and certified copy of the relevant legislation, which will be sent to the State Central Authority along with a copy for the Brazilian Federal Central Authority (Article 52, II, III and IV of the Statute of Children and Adolescents, amended by Law No. 12.010, of August 3, 2009 ).

Documents in foreign languages ​​must be included with the records duly authenticated by the consular authority, subject to international treaties and conventions, and accompanied by a translation by a public sworn translator. (Art. 52, V of the Statute of Children and Adolescents, amended by Law No. 12.010, of August 3, 2009).

Granted the request for a license before the Brazilian State Central Authority will be issued it enables the report to international adoption, which will be valid for a maximum of 1 (one) year. (Art. 52, VII of the Statute of the child and adolescent, with wording by law nº 12,010, of August 3, 2009), and may be renewed. After the issuance of the report of license, the applicant will be allowed to formally request for adoption before the Judgment of the childhood and youth of the place where the child or adolescent is residing, as effected by the State Central Authority indication (art. 52, VIII of the Statute of the child and adolescent, with wording by law nº 12,010, of August 3, 2009). In the case of international adoption, the child’s relationship to the applicant determined by a psychosocial team, and after the examination the profile of the couple and the child must be in conformity with the order of registration and the list of children available for international adoption, because it cannot bind any child when it comes to international adoption, only those that are sheltered and appear on the list forwarded to the CEJAI/EC (in international adoption cases processed in the State of Ceará- Brazil) by juvenile court record industry of childhood and youth (art. 4 (b) of the Convention of the Hague).

There are express seal to the previous contact between applicants for international adoption and the kids you want, note the exceptions established, everything according to art. 29 of the Hague Convention dated May 29, 1993, concerning the protection of children and cooperation in respect of intercountry adoption, and of Decree No. 3,087, of June 21, 1999, which enacted. International adoption is conditional on the prior study and analysis of a State Judicial Commission of International Adoption, named CEJAI, which will provide the respective qualification certificate to instruct the competent process.

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