You Challenges and Perspectives for the Effective Implementation of Late Adoption in Brazil

Abstract

Adoption in Brazil has evolved from an informal practice to a legally structured process, especially after the enactment of the Federal Constitution of 1988 (Brazil, 1988) and the Child and Adolescent Statute (Brazil, 1990). Despite legal progress, significant obstacles remain to late adoption, that is, the adoption of children over six years old. According to data from the National Council of Justice (CNJ, 2021), most prospective adoptive parents still prefer younger children, while older ones remain for long periods in shelters, facing social stigma and rejection. Although the Child and Adolescent Statute determines that the adoption process should be concluded within 120 days (Brazil, 1990), this deadline is rarely met, compromising the fundamental right to family life. Judicial delays, the lack of specific public policies, and insufficient psychological support further hinder the effectiveness of late adoption, affecting both adopters and adoptees. It is observed that the system prioritizes the preparation of adults while paying little attention to preparing children for the new family reality. Institutional campaigns, such as “Se Renda à Infância” (CNJ, 2024), have sought to raise awareness in society and among public authorities but are not enough to face the complexity of the problem alone. Therefore, it is urgent to review the legislation and implement effective public policies that promote late adoption with dignity, combat prejudice, and guarantee these children the constitutional right to a family.