Impacts of the prohibition of art. 34, § 3° of the statute of children and adolescents in adoption and in the best interests of the child

Abstract

This article examines how the prohibition was established in art. 34 Paragraph 3 of the Child and Adolescent Statute (ECA), which prevents adoption by foster families, negatively influences the search for the child's best interests? Current legislation prevents these families from registering on the National Adoption Registry (CNA) and adopting the children in their care. The study focuses on the interference of this prohibition with the principles of the ECA, which prioritize the dignity, well-being and best interests of the child or adolescent. Through bibliographic and doctrinal analyzes on Family Law, Constitutional Law and the Statute of Children and Adolescents, and using a qualitative method, the study highlights the benefits of foster care as a route to adoption. It is concluded that the existing prohibition benefits the interests of those applying for adoption registration to the detriment of the best interests of the child, suggesting the need for legislative reforms to protect these interests. Deep emotional bonds formed during foster care indicate that it is often better for the child to remain with the foster family.