The civil responsibility for the return of children and adolescents in the adoption process

Authors

DOI:

https://doi.org/10.24302/acaddir.v6.4975

Keywords:

adoption, withdrawal, abandonment, civil responsability

Abstract

Bearing in mind that adoption is a legal institution that establishes irrevocable family ties, this study deals with the return to institutions that host children and adolescents in the process of adoption, in order to verify the civil liability that falls on the parents who have given up. To this end, the way in which the adoption process takes place in the country was exposed, what are its requirements and phases, studying the civil liability that falls on adopters who give up on it, also analyzing some decisions of Courts and of the Superior Court of Justice that faced the issue. In view of this, it was found that civil liability in cases of return may fall on the adopting parents, covering several aspects, as well as that these measures not only compensate for damages, but also promote awareness about the seriousness of the adoption and the necessary commitment, in addition to It should be noted that the jurisprudence seeks to reinforce the priority of the well-being and rights of children and adolescents, given their status as human beings in development. The study carried out here was predominantly through the deductive method, through qualitative analysis and the research material used was mostly bibliographic, through the selection of literary works and scientific articles and jurisprudential analysis.

Author Biographies

  • Eduardo Matias Krull, Contestado of University

    Acadêmico do Curso de Direito da Universidade do Contestado. Campus Canoinhas. Santa Catarina. Brasil.

  • Cilmara Corrêa de Lima Fante, Universidade do Contestado (UNC)

    Master in Regional Development by the University of the Contestado (2016). He holds a degree in Law from the Law School of São Carlos (2001). Specialist in Civil Procedural Law from the Pontifical Catholic University of São Paulo (2014). Conciliator / Mediator - São Paulo State Court, Lawyer - São Paulo Bar Association and Santa Catarina Lawyer's Office and owner partner - Lima Fante Advocacia. She has worked as a lawyer in the Public Defender's Office of the State of São Paulo. Currently, she is a lecturer in the law course at the University of Contestado (UnC) in Canoinhas - SC. He has experience in the area of Law, with emphasis on Civil Law, Civil Procedural Law and Business Law.

Published

2024-11-29

Issue

Section

Artigos

How to Cite

KRULL, Eduardo Matias; FANTE, Cilmara Corrêa de Lima. The civil responsibility for the return of children and adolescents in the adoption process. Academia de Direito, [S. l.], v. 6, p. 2183–2207, 2024. DOI: 10.24302/acaddir.v6.4975. Disponível em: https://www.periodicos.unc.br/index.php/acaddir/article/view/4975. Acesso em: 9 may. 2025.