Intuitu personae adoption: a way to guarantee the best interest of the child and adolescent

Abstract

The present study addresses the adoption intuitu personae, a modality of adoption not provided for in the Statute of the Child of the Adolescent, which rules the adoption of children and adolescents in Brazil. The adoption intuitu personae differs in the point that it allows the biological parents to direct to a family their child, that is, there is delivery to family not qualified in the national register of adoption – CNA. This intention seeks to verify the possibility of recognition of this type of adoption, in order to determine whether there is respect for the principle of the best interest of children and adolescents. The responsibility for the protection and guarantee of these rights is shared between the family, society and the State in accordance with Article 227 of the Federal Constitution.  Thus, the deductive approach is used as a methodology, since it is assumed that targeted adoption can be recognized, since it keeps the child in the community in which he lives and allows bonds with the family of origin. It is concluded, therefore, that adoption intuitu personae is a way to be recognized by the relevant legislation.