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Access to Biological Origins – Intercountry Adoptions

por Fabiana Queiroz publicado 21/09/2020 10h04, última modificação 01/10/2020 11h13
Request for access to information on biological origins – Intercountry Adoptions under the 1993 Hague Convention on Intercountry Adoptions

Since 2018, the Brazilian Central Authority - ACAF has been collaborating to the search for biological origins submitted by Brazilian adoptees who were adopted by residents abroad. In 2019, with the approval of Resolution nº 19 by the Council of Brazilian Central Authorities for Intercountry Adoptions - CACB, a flow was established for receiving and fulfilling those requests, which is followed by all state-level Central Authorities.

Those who were adopted in Brazil and have moved abroad after their adoption, who wish to know their biological origins, must complete the form attached to Resolution nº 19 of October 25, 2019, following the guidelines included in the same document, and forward it to the electronic address acaf@mj.gov.br, accompanied by a recent identity document as well as other digitalized documents that can collaborate with the searches. All the procedures involved in the submission of requests take place electronically and are free of charge.

ACAF will transmit the application to the Central Authority of the Brazilian state where the adoption took place, which, in turn, will consult with the adoption Court responsible for the adoption process.

The search for biological origins may include the following requests:

• Access to the judicial process of adoption and identity of biological parents;

• Access to personal and family medical records;

• Access to the current address of biological parents/biological family;

• Interest in meeting parents/biological family.

 

Important: There is no legal obligation, provided for in the Brazilian legal system, to accept and/or comply to requests for access to the current location of parents/biological family or for meeting parents/biological family. The fulfillment of such requests will depend on the availability of information and human and technological resources in the Courts of Justice of the Brazilian states and the Federal District.

The Central Authority of the Brazilian state where the adoption took place will consider in its analysis whether the fulfillment of the request is in accordance with the guarantee provided for in §9 of art. 19-A of Law nº 8069, of July 13, 1990. The authorization of the biological parents to have his/her personal information disclosed has also to be obtained

 

In cases where it is possible to locate the biological family, information on its location and/or the possibility of approximation will also depend on obtaining the consent of the person located.

 

Legal Predictions

The right of the adoptee to access information on the biological origins is provided for in art. 48 of Law nº 8.069, of July 13, 1990 (Statute of Children and Adolescents - ECA), and in art. 30 of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption.

  • Law nº 8.069 of July 13, 1990

Art. 48 The adoptee has the right to know its biological origin, as well as to have unrestricted access to the case in which the measure was applied and its eventual incidents, after completing 18 (eighteen) years of age.

Sole Paragraph. Access to the adoption case may also be granted to the adoptee under 18 (eighteen) years old, at their request, provided with guidance and legal and psychological assistance.

 

Art. 19-A (...)

§ 9º. It is guaranteed to the mother the right to secrecy about birth, respecting the provisions of article 48 of this law. 

 

  • Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption

Article 30

(1)  The competent authorities of a Contracting State shall ensure that information held by them concerning the child's origin, in particular information concerning the identity of his or her parents, as well as the medical history, is preserved.

(2)  They shall ensure that the child or his or her representative has access to such information, under appropriate guidance, in so far as is permitted by the law of that State.

 

Link to Resolution nº 19/2019 (in English)

 

Link to request Form (Bilingual document)

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