Asunción, Paraguay - Paraguay is on the cusp of potentially legalizing adult adoption as a bill proposing the change advances towards congressional debate. The Chamber of Deputies' Commission on Family and Elderly Affairs recently approved an amended draft of the "Bill Amending and Expanding Article 255 of Law No. 1183/1985 of the Paraguayan Civil Code (Adult Adoption)."
The proposed legislation seeks to establish a legal framework for the adoption of adults with full legal capacity, drawing parallels with practices already in place in several Latin American and European nations, including Spain, albeit often under specific conditions.
The suggested amendment to the current Article 255 would redefine its scope in relation to the "Law No. 1680/2017 on the Guarantee of the Rights of Children and Adolescents, Family Upbringing, Alternative Care and Adoption" and "Law No. 6486/2020 on the Promotion and Protection of the Right of Children and Adolescents to Live in a Family," explicitly outlining the familial ties between the adoptee, adoptive parents, and their families.
A significant aspect of the reform is the introduction of Article 255 (bis), which would permit adult adoption under exceptional circumstances. This new article stipulates that the adoption of an adult with full legal capacity requires only the consent of the individual being adopted, formalized through a notarized declaration before a notary public in the jurisdiction of the adoptive parents' residence, and subsequently approved by the competent Civil Court. Notably, the legal effects of adult adoption would mirror those of minor adoptions.
Furthermore, the bill includes provisions allowing the adopted adult to assume the surname of the adoptive parents through a court ruling and to change their given name upon request.
The legislation also revises and introduces new formal requirements for adult adoptions. Both the prospective adoptive parents and the adult to be adopted must express their consent through notarized documents. If the adult being adopted is married, the consent of their spouse is also mandatory.
Both parties must possess full legal capacity and be in the full exercise of their civil and political rights. They must also demonstrate suitable emotional, moral, psychological, and social conditions and have no criminal record.
Prospective adoptive parents must be at least 38 years of age, although in cases of joint adoption, this requirement applies to only one member of the couple. A minimum age difference of 20 years must exist between the adoptive parents and the adult being adopted, and adoptive parents cannot exceed the age of 60.
A newly introduced and crucial requirement mandates that the prospective adoptive parents must have personally cared for the adult to be adopted and lived in the same residence for at least 10 years prior to the adult attaining full legal capacity. This suggests the legislation aims to formalize long-standing de facto family relationships.
The primary objective of this bill is to modernize existing laws to reflect the social realities of Paraguay and to provide a legal basis for these forms of parent-child relationships that exist beyond traditional minor adoptions.
The bill is currently undergoing its first stage of deliberation in the Paraguayan Congress.
Further Considerations and Potential Impacts:
While the article provides a solid overview, here are some potential areas for expansion and consideration in a more comprehensive news report:
Motivations Behind the Bill: Exploring the specific societal needs or advocacy efforts that have driven the push for adult adoption legalization. Are there specific demographics or situations in Paraguay that this bill aims to address?
Potential Benefits: Delving deeper into the potential advantages of legalizing adult adoption, such as formalizing existing caregiving relationships, providing legal recognition and inheritance rights, and offering emotional and social benefits.
Concerns and Criticisms: Investigating if there are any concerns or criticisms surrounding the bill. For instance, are there discussions about potential for abuse or exploitation, and how the legislation addresses these risks?
Comparative Law: Expanding on the reference to other countries. Providing specific examples of how adult adoption works in Spain or other Latin American nations, highlighting any differences or similarities with the Paraguayan proposal.
Impact on Inheritance and Family Law: Elaborating on how adult adoption would affect inheritance rights, spousal relationships (if the adopted adult is married), and the broader framework of Paraguayan family law.
Social and Cultural Context: Providing a deeper understanding of the social and cultural norms in Paraguay that might influence the reception and implementation of adult adoption.
Legislative Process: Detailing the next steps in the legislative process. When is the bill expected to be debated in the full Congress? What are the potential hurdles it might face? What is the anticipated timeline for its potential enactment?
Expert Opinions: Including quotes or perspectives from legal experts, social workers, or advocacy groups regarding the potential impact of this legislation.
By incorporating these additional elements, a more comprehensive and insightful news article can be crafted for an international audience.
[Copyright (c) Global Economic Times. All Rights Reserved.]
