A responsabilidade civil do(s) adotante(s) em decorrência de devolução do(s) adotado(s)

• Autor(a) principal: Jesus, Tamires Hendler de
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7661
• topic: Adoção; Devolução; Responsabilidade civil dos adotantes; Dano moral

This was a bibliographical and documentary study that focused on adoption and the eventual return of the minor as well as on the liability of adoptive parents in such an act. This research was developed drawing upon a basic question: should adoptive parents bear civil liability and compensation for the harm done to the children who are returned? The general objective was to present the institute of adoption, analyze the regrettable act of return from a legal point of view during and after the adoption process, bring up the reasons why this happens, and assess the responsibility of the adoptive family regarding the damages caused to minors. The specific objectives were to present the characteristics of the institute of adoption, the collection of official data regarding the return of children and adolescentes, and examine the possibility of civil liability of the adoptive parentes when they return the child or regret adopting. This study made it clear that children and adolescents are psychologically and emotionally shaken because they suffer twice: when they are abandoned by and withdrawn from their biological family and when they are adopted and returned, as the feelings of abandonment and rejection are then reinforced. As a result, and because the number of children and adolescents who have been returned to the State’s foster care has increased, Courts have tended to compensate those minors for their ordeal and provide psychological care and proper treatment for the trauma suffered. This serves both as a punishment to the adoptive families who return the child as if he or she was a commodity and as a warning to future candidates who intend to adopt, making it clear that adoption must be seen very seriously.