ADOPTION INTUITU PERSONAE:
COUNTERPOINT BETWEEN THE OBSERVANCE OF THE REGISTRATION ORDER PROVIDE BY THE ECA AND THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD
DOI:
https://doi.org/10.12957/rfd.2024.63612Keywords:
Adoption, Adoption intuitu personae, National registration of adoption, Affectivity, Best interests of the childAbstract
This present work has the objective of to discuss the intuitu personae adoption institute. The intuitu personae adoption is the situation in which the biological parents or, more often, the biological mother gives her child to the care of third parties directly. This happens without the registration on the National Registry of Adoption and, consequently, by disregarding the chronological order of this registry, as well as in disagreement with the determinations of the Statute of the Child and Teenager (Law nº. 8.069 / 90). As a methodology, it began with a bibliographical and documentary review on the subject. In this way, this work intends to analyze this institute based on the National Adoption Law (Law nº 12.010/ 09), the doctrine and jurisprudence of the country, as well as the guiding principles of the Brazilian Family Law, especially the best interests of children and teenager and affectivity.
Keywords: Adoption; Adoption intuitu personae; National registration of adoption; Affectivity; Best interests of the child.
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