Adoção internacional por estrangeiros não-residentes no Brasil

Abstract

The present work deals with International adoption, an institute which gets more relevance in the Brazilian Law System, due to its particularities in the social scenarium. This study aims to describe and to analyse the adoption, based in general aspects of International Adoption and in the obstacles, seen in Brazil, to its achievement. This work deals, primarily, with the historic evolution, concepts, legal nature, as well as with the social function of the Adoption institute. It will be also analysed the adoption in the ‘’Estatuto da Criança e do Adolescente’’ –ECA, its formalities and procedures, which means, the ways to be covered to adopt a child or a teenage. By the end, it is concluded that the International Adoption procedure in Brazil is necessary, as a way to reduce the number of children and teenage in abandon situation in charity institutions, for being orphans or for being unwished by its parents, being out of family environment. However, the adoption must always prioritize the child’s best interests. This study makes clear that the International Adoption is a legal fact, that has brought up doctrinarian discussions, specially, after of “Nova Lei de Adoção”, which has changed this institute. The research will also tackle the changes in International Adoption in Brazil brought by the Lei 12.010/2009 and its consequences.