Avós podem adotar neto?
No Brasil, há casos em que, por impossibilidade dos pais, os avós passem a assumir a criação dos netos, estabelecendo verdadeiro e indiscutível vínculo de parentalidade socioafetiva. Entretanto, mesmo quando há vontade dos avós quererem adotar o próprio neto, estabelecendo vínculo formal e legal de parentalidade com a criança, o Estatuto da Criança e do Adolescente veda a adoção de descendentes por ascendentes.
A advogada especialista em Direito de Família e Sucessões do escritório Campos Figueiredo, Maria Luiza Barbosa, explica que a vedação imposta pelo ECA é fundamentada no fato de que “o vínculo civil entre ascendente e descendente é biológico. Então, em tese, não haveria a necessidade de adoção pelos avós. Entretanto, antigamente, havia a adoção fática de netos por avós com o objetivo de fraudar a seguridade social. Por isso, o ECA proibiu esse tipo de adoção”.
Ocorre que, em recente decisão, o STJ (Resp 1635649) afirmou que, em circunstâncias excepcionais, os avós podem adotar o próprio neto, superando a vedação prevista no artigo 42, parágrafo 1º, do Estatuto da Criança e do Adolescente. A intenção é preservar o interesse da criança.
Maria Luiza explica que “o posicionamento do STJ evidenciou a possibilidade de que o juiz pode suplementar normais em nome do melhor interesse do menor, de forma a proteger a criança e o adolescente nas inúmeras circunstâncias ditadas pela imprevisível dinâmica social”. Portanto, cada caso deverá ser analisado pelo Poder Judiciário de acordo com o critério do melhor interesse do menor, sendo possível, em situações excepcionais, a adoção de netos pelos avós.
Requisitos
O ato de adotar envolve mais questões do que apenas a vontade de criar e educar uma criança ou adolescente. No Brasil, a adoção é medida excepcional e irrevogável, cujo processo envolve regras básicas, muitas vezes desconhecidas da maioria. Dentre os requisitos, o interessado deve possuir mais de 18 anos, ser, pelo menos, 16 anos mais velho que o adotando, encaminhar-se a uma vara da Infância e Juventude e preencher um cadastro com informações e documentos pessoais, antecedentes criminais e judiciais, sendo vedada a adoção por ascendentes e irmãos do adotando.
Por: Thaís Neves – Multi Comunicação
Foto: Divulgação
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