OAB-CE 6963

International and Unilateral Adoption in Brazil-Part II

mom with her daughter

INTERNATIONAL AND UNILATERAL ADOPTION IN BRAZIL – PART II

In the first article published on the topic described the aspects involving the process of intercountry adoption by the unilateral stepfather or stepmother, where the biological father or mother does not dispute this procedure. In the present article, let’s look at those cases where the biological father or mother does not agree with the adoption process.

As already discussed, in cases of unilateral adoption in which the biological father or mother agrees to transfer parental rights to another person, the judge who uphold the order of adoption, shall transfer the biological father’s or mother’s parental rights to the stepfather or stepmother. The problem happens when the biological father or mother, even distant and without any participation in the upbringing and education of the child, objects to the unilateral adoption process.

In most cases that have been consulted, Brazilians who, upon separating, choose to live outside of Brazil have adopted this procedure. In the other country, he or she begins a new relationship, generally with a foreigner, and starts a new family. Living as a family with a stepmother or stepfather, which creates emotional bonds, the couple can decide to pursue unilateral adoption. Depending on the cas, if there are objections by the biological mother or father to transfer parental authority, I believe it is relevant to implement some juridical strategies in order to obtain success in the procedure.

The first would be an action in the Brazilian justice system in order to release  the biological father or mother of their paternal power. Is a specific procedure that depends on the peculiarities of each case for the success of the action. Once the biological father or mother are released their paternal power, the way is free for unilateral international adoption. Another path would be to start the unilateral adoption procedure without the consent of the father or birth mother in the jurisdiction in question. The citation of the biological father or mother through Letter Rogatory for which manifests itself in the adoption process is necessary the for effectiveness of the decision. If it remains inert  the process will have fulfilled one of the requirements that Brazilian law requires; to get a citation from another part, so that is assigns  the rendered decision of the legal and juridical desired efficacy. Since the consolidated adoption in the country where the adopter is residing, it is necessary to recognize the decision in the Brazilian Justice system so that we can amend and rectify the data adopting affiliation with the Civil Registry of Natural Persons, where it was registered

It is also to emphasize the principle that has been used by Brazilian courts of the child’s best interest that covers those situations of fact consolidated over time and that is favorable to adopting.

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