340.5VIC1)a)(1.ex.)
Analítico de Monografia
61038
PINHEIRO, Jorge Duarte
A adopção em Portugal / Jorge Duarte Pinheiro
In: Direito comparado = Comparative Law : perspectivas luso-americanas = portuguese-american perspectives / coordenador Dário Moura Vicente. - [Coimbra] : Almedina, [2006]. - 1v., p. 57-68 ; 23 cm. - ISBN 972-40-2713-9.
DIREITO DA FAMÍLIA / Portugal, DIREITO DA FILIAÇÃO / Portugal, ADOPÇÃO / Portugal
This conference aims to be a brief review of adoption law in Portugal and it deals with requisites, process, legal consequences and breakdown of adoption. Adoption was rehabilitated in Portugal less than 25 years ago, after almost four centuries of mistrust and prohibition. Today the institution is centered on the best interests of the child. Adoption of adults is forbidden. Nowadays adoption has a great symbolic importance because of the social relevance of minors' protection. In contrast, the number of adoptions is relatively scarce. This is partially due to the model in force. The Portuguese legislation is based on the idea that adoption is an imitation of natural filiation. Adoption appears like a kind of subsidiary, secondary filiation, in face of biological filiation. The view of adoption as an exceptional remedy is associated to solutions that reduce the possible number of adoptions: full adoption is preferred to limited or open adoption; joint adoption is preferred to sole adoption; joint adoption by same-sex couples is rejected; independent or private adoption is forbidden; and international adoption is ruled by a restrictive law.