A adoção e a problemática jurídico-social de sua desistência durante e após a conclusão do processo

Abstract

The number of sheltered children and adolescents is a situation that concerns Brazilian society in general. In contrast, the number of applicants to adoption is almost six times higher. It happens that, the great difficulty faced in the present time is the expectation of the pretenders facing the existing reality. This is because most of the candidates want to adopt young, white-skinned, disease-free, non-sibling children. Because of this, new ways of finding the ideal family for these children are often sought in order to minimize the number of children housed in institutional shelters. When initiating a certain adoption process, it should respect its phases, including the stage of coexistence. This stage was instituted in order to allow adopters and adopters to get to know each other, to live with their families, to understand their virtues and defects, to learn to deal with the unknown, and especially to create affective bonds of affiliation. However, innumerable cases of withdrawal and return of adopters began to be registered, both during the adoption process and after its completion. In this way, a solution to this conflict is sought, since adoption is considered an irrevocable act by the ECA, and even if its withdrawal during the cohabitation stage is not an affront to this irrevocability (since the adoption only comes to fruition with the res judicata of the action), this attitude brings countless consequences to these children and adolescents, who have to bear this rejection again in their lives.