Reform of the adoption system: experts present before the Constitution CommissionReform of the adoption system: experts present

senado.cl
24 August 2021

A series of hearings with specialists is being carried out by the Constitution, Legislation, Justice and Regulation Commission , within the framework of the general study of the project that proposes a complete reform of the adoption system in Chile.

The initiative is in its second process in the Senate and the instance agreed to know the opinions of lawyers, law professors, psychologists, foundations and social organizations linked to the issue, before voting on the initiative in general.

Along these lines, he has already heard the representatives of MOVILH and Fundación Iguales, who have expressed themselves in favor of homoparental adoption ( See related note ).

He also heard the opinions of the representatives of the United Nations Children's Fund (Unicef); from the Pro Acogida Foundation; of the Chilean Association of Foster Families and of the Childhood Commission of the College of Psychologists ( Check the session here ).

During the last day, the academics Rommy Álvarez Escudero, from the Universidad Católica de Valparaíso; Leonor Etcheberry, from the Diego Portales University, and Irene Salvo; the representative of the Pro Bono Foundation, Constanza Alvial, and the lawyer and former director of Sename, Francisco Estrada.

ASPECTS OF INTEREST

One of the aspects that has aroused interest from the exhibition made by specialists and guests is a provision of the project that allows guardians to also apply for adoption. In this sense, the text indicates that "exceptionally, the guardian or guardians of a foster care program should be considered when requesting the adoption of a child or adolescent subject to their care."

At this point, there have been some discrepancies, as there are those who argue that the figure of guardians or foster families play a different role in the adoption process. On the other hand, there are those who argue that "traumatization" that implies any drastic change that a child or adolescent may face should be avoided.

Likewise, the specialists have emphasized the need to adhere to the minimum possible terms for determining the susceptibility of adoption; safeguard the right to know the origin of the adoption.

DRAFT

In general terms, the project contemplates a complete update of the grounds for adoptability and eliminates the order of priority in benefit of the best interests of the child, allowing them to also be adopted by people who are not in a relationship. Currently, adoption by Chilean and foreign couples is privileged, which changes with the initiative, since it is privileged that the minor remains in Chile.

The maximum and minimum age of the adopters is also regulated; the standard is raised to prove the condition of adopter, at the administrative and judicial level; Rights such as that the child can be heard (their opinion is consulted) and the search for origin are enshrined.

The unification of the concept of adoptability is considered and 5 causes of adoption are considered: when it is impossible for both parents to take care of the child; when the mother, father or both voluntarily express their desire to give them up for adoption; when there is no specific parentage; in case of orphan of father or mother or both and there is no one to take charge; and by integration, which is when the child is abandoned by one of his parents and the other has a marriage or a union and they want to adopt him.A series of hearings with specialists is being carried out by the Constitution, Legislation, Justice and Regulation Commission , within the framework of the general study of the project that proposes a complete reform of the adoption system in Chile.

The initiative is in its second process in the Senate and the instance agreed to know the opinions of lawyers, law professors, psychologists, foundations and social organizations linked to the issue, before voting on the initiative in general.

Along these lines, he has already heard the representatives of MOVILH and Fundación Iguales, who have expressed themselves in favor of homoparental adoption ( See related note ).

He also heard the opinions of the representatives of the United Nations Children's Fund (Unicef); from the Pro Acogida Foundation; of the Chilean Association of Foster Families and of the Childhood Commission of the College of Psychologists ( Check the session here ).

During the last day, the academics Rommy Álvarez Escudero, from the Universidad Católica de Valparaíso; Leonor Etcheberry, from the Diego Portales University, and Irene Salvo; the representative of the Pro Bono Foundation, Constanza Alvial, and the lawyer and former director of Sename, Francisco Estrada.

ASPECTS OF INTEREST

One of the aspects that has aroused interest from the exhibition made by specialists and guests is a provision of the project that allows guardians to also apply for adoption. In this sense, the text indicates that "exceptionally, the guardian or guardians of a foster care program should be considered when requesting the adoption of a child or adolescent subject to their care."

At this point, there have been some discrepancies, as there are those who argue that the figure of guardians or foster families play a different role in the adoption process. On the other hand, there are those who argue that "traumatization" that implies any drastic change that a child or adolescent may face should be avoided.

Likewise, the specialists have emphasized the need to adhere to the minimum possible terms for determining the susceptibility of adoption; safeguard the right to know the origin of the adoption.

DRAFT

In general terms, the project contemplates a complete update of the grounds for adoptability and eliminates the order of priority in benefit of the best interests of the child, allowing them to also be adopted by people who are not in a relationship. Currently, adoption by Chilean and foreign couples is privileged, which changes with the initiative, since it is privileged that the minor remains in Chile.

The maximum and minimum age of the adopters is also regulated; the standard is raised to prove the condition of adopter, at the administrative and judicial level; Rights such as that the child can be heard (their opinion is consulted) and the search for origin are enshrined.

The unification of the concept of adoptability is considered and 5 causes of adoption are considered: when it is impossible for both parents to take care of the child; when the mother, father or both voluntarily express their desire to give them up for adoption; when there is no specific parentage; in case of orphan of father or mother or both and there is no one to take charge; and by integration, which is when the child is abandoned by one of his parents and the other has a marriage or a union and they want to adopt him.

.