A admissibilidade e os contornos da adoção intuitu personae na atualidade: uma análise das adoções diretas na Comarca de Natal/RN

Abstract

The main scope of this paper is to discuss and analyze how intuitu personae adoption is managed in Brazilian courts. The specific objectives are to present the particularities of legal adoption as a legitimate means to establish filiation without consanguinity; to discuss the main issues surrounding intuitu personae adoption; and to analyze legal actions of intuitu personae adoption, giving special attention to those in which the adoptees were very young children and/or the biological parents opposed the adoption. The methodology used involves bibliographical, normative and jurisprudential research, as well as empirical research into legal actions that were processed before the Children and Youth Court of Natal, Rio Grande do Norte, between 11/14/2017 and 12/31/2020 and with final and unappealable decision at the time of data collection, and one of these processes is the subject of a case study. Thereby, this paper demonstrates that the legal gap on the subject contributes to the Court acting based on private beliefs, which are not supported by child and adolescent’s laws or the psychological reports prepared by the Court's own interprofessional team. In the minority of cases in which the child is only a few days old when the action is filed, the Court's guidance is not to refer the child for legal adoption, but to refrain from intervening and let the passage of time give rise to the formation of emotional bonds between adopter and adoptee, so that granting the adoption becomes imperative.