A desistência da adoção ou devolução dos filhos adotados e sua eventual responsabilização civil

Abstract

The present work intends to analyze the occurrence of the withdrawal of adoption or return of adopted children, investigating the nature of the damage caused to the child and adolescent, and what are its repercussions on the social and legal levels. The study of this phenomenon is relevant in face of the frequent cases of abandonment in the scope of adoption. It is essencial to discuss wheteher this practice constitutes non-fulfillment of parental duties and violation of fundamental rights that justify the civil reparation of adoptive parents. For this, the aforementioned verification is established in agreement with the constitutional principles of integral protection and the best interest of the child and adolescent, as well as, it is consistent with the legal provisions that guarantee the protection addressed for these individuals of right in a state of vulnerability.