LATE ADOPTION: CHALLENGES, CONSEQUENCES, PREJUDICES AND ACCEPTANCE IN THE ADOPTION SELECTION PROCESS IN BRAZIL

Abstract

Adoption is recognized as a legal act that grants someone the status of a child by other people. It is a legal procedure with the objective of uniting two or more people, resulting in a relationship comparable to biological filiations (Ost, 2009). From a psychological point of view, adoption represents a gesture of affection and care, contributing to the construction of new bonds between the adopter and the adopted person, providing them with the opportunity to enjoy a family environment (Leite; Sabatke; Saraiva, 2019).

From a legal perspective, art. 39, §1º of the Statute of Children and Adolescents (ECA), (Law number 12.010, of August 3, 2009), is a legislation that aims to guarantee the coexistence of children or adolescents with their biological family and stipulates that: “adoption is an exceptional and irrevocable measure, to be sought only when all resources to maintain the child or adolescent in the natural or extended family have been exhausted [...]”. In addition, late adoption, as highlighted by BERTOL et al. (2019), "plays an important role in society, providing a home for children and adolescents who have not experienced the warmth of a family [...]". Adoptive families, including same-sex families, who also have the right to adopt, must welcome these children with open arms, offering them a safe and welcoming environment, fully integrating them into the family and society in general. Until the 20th century, adoption was not widely recognized by the courts and its practices were limited, predominantly favoring adopters to the detriment of the adopted. Adoption was surrounded by legal restrictions, and was only modified when the Civil Code (Law No. 3,133, of May 8, 1957) established new rules and juvenile judges began to require legal registration of adoption only with judicial authorization. This moment marked the intervention of the judiciary in adoption, with a focus on the well-being of children, resulting in the enactment of new laws to guarantee their rights (KOZESINSKIL, 2016). In this sense, the National Congress enacted Law No. 4,655, of June 2, 1965, which addressed the legitimacy of adoption, guaranteeing children under five years of age in situations of risk the opportunity to find a new home, providing them with a new perspective in court (TEIXEIRA, 2013). The Child and Adolescent Statute (ECA), established by Law No. 8,069 of July 13, 1990, emphasized the comprehensive protection of children and determined that the family, society, and the State have the duty to guarantee a dignified life, including education, health, leisure, food, and other factors essential for adequate human development, in addition to promoting family and community life, aiming at the construction of healthy bonds (Brazil, 1990).

With the advances in adoption legislation, the need arose to develop new strategies to promote the emotional stabilization of children and adolescents in the family. One of the significant changes was in relation to the long wait in the adoption queue, in which adoptive parents only obtained temporary custody of the adopted child, generating anguish and frustration (CARDOSO, 2018). According to Moraes (2020, p. 19), "this law brought significant changes to the ECA, with important measures for children and adolescents in foster care [...]".

These changes included the implementation of sponsorship programs, reduction of institutional foster care time, changes in the rules for the cohabitation stage, actions for the loss or suspension of parental authority, and changes in the deadlines for legal actions related to the removal of parental authority, among other aspects.

With the advances in adoption legislation, a new adoption culture emerged that, as noted by Costa and Rossetti-Ferreira (2007), "implies a new concept of family, motherhood and fatherhood, attributing new meanings to parenthood. This presupposes a family that accepts difference and otherness, that deals with alternative filiation projects [...]", resulting in changes in preferences regarding the profiles of children, promoting options without prejudice. Adoption Support Groups and the Judiciary played fundamental roles in these changes, through campaigns and incentives for late adoption, highlighting the importance of building bonds. After all, as observed by adopters, how is the bond between parents and children built in cases of late adoption?

According to the guidelines of the Adoption Step-by-Step Manual (2008, p.11), developed by the Brazilian Judges Association, late adoption is characterized by the adoption of older children or adolescents. This suggests the questionable idea that adoption is predominantly aimed at newborns and babies, while older children are considered outside the ideal time for adoption. As a result, this category faces several challenges, since historically the adoption of older children has been marked by prejudices, which can generate concern among adoptive parents and possible discrepancies in relation to expectations, due to the awareness and maturity already developed by adopted children in relation to relationships (BERTI, 2019).

With legal advances, late adoption is undergoing a New Culture, according to Souza (2016, p. 8), which seeks to guarantee the right of institutionalized children and adolescents to family and community life, promoting the practice of adoption. This change highlights the importance of building parental bonds in late adoption, offering a loving home for these children. Given the increased demand for institutionalized children in Brazil, the need for a movement in favor of this cause arose, resulting in the creation of the National Association of Adoption Support Groups (ANGAAD) in 2012, a civil association that defends the rights of children and adolescents, aiming to guarantee the right of these children to live in a family, focusing on their needs (ANGAAD, 2012).

Thus, the Statute of Children and Adolescents (ECA) (Law No. 13,509 of November 22, 2017) updated some laws and articles, making it mandatory for adoptive parents to participate in adoption preparation programs offered by the Children and Youth Court, with the support of responsible technicians and adoption support groups (CAVALCANTE, 2017). Authors Sampaio, Magalhães and Carneiro (2018, s.p.) state that the construction of the parent-child bond is influenced by previous experiences, both of the parents and the children, in a process that requires effort from both parties.

Considering that the adopted child is over two years old, most already have the ability to express their own wishes and understand the adoption process. Regarding the construction of bonds, studies carried out by Bernardino and Ferreira (2013) suggest that when the child has been a victim of mistreatment, psychological abandonment, neglect or sexual abuse in his/her biological family, he/she may initially manifest aggressive reactions towards the adoptive parents due to the fear of reliving these experiences. Therefore, the new parents must be prepared and receive psychological support to deal with the child's adaptation phase to the new home. Once this phase is overcome, family harmony is established and the fears of both parents and child diminish, allowing them to form a family.

With advances in adoption legislation, there has been a need to develop new strategies to promote emotional stability for children and adolescents in the family. One such strategy is sponsorship, a solidarity practice of Latin origin, according to information available on the website of the Court of Justice of Pernambuco (TJPE). Sponsorship is intended to offer support to children and adolescents in foster care institutions, providing community life and material or professional assistance for those who face difficulties in returning to their family of origin or being adopted (TJPE, n.d.). With three modalities - affective, provider and professional - the program offers opportunities for individuals and companies interested in participating. To become a sponsor, it is necessary to be over 18 years old and demonstrate moral suitability, with the registration process taking place at the local Children and Youth Court.

As Esteves and Silva (2016, p. 21) point out, when opting for late adoption, parents need to be prepared and willing to face the process of adjustment, change, and adaptation. Therefore, it is essential that parents focus their efforts on the adoption process to establish an emotional bond with the adopted child, ensuring that the child feels safe and loved. In the words of Lima, Nacul, and Cardoso (2020, p. 5), the construction of bonds between parents and children in the late adoption process is unique, as parents recognize that children adopted late can be more challenging to educate, due to their cognitive ability to express their true opinions, which may vary depending on the context in which they were inserted, differing from the expectations of the adopters.

According to QUEIROZ (2019, p. 27), when the desire to integrate the child into the family mixes with the attempt to erase their origins, the adoption process becomes more complex and time-consuming. Therefore, it is essential to allow the child to access his or her origins so that he or she can understand his or her history and the reason for being in a new family, which strengthens the process of building bonds through the exchange of trust between parents and children. Thus, for the construction of the parent-child emotional bond in late adoption to be effective, parents must recognize the past of the adopted child.

The parenting process represents a mental reconfiguration that begins with the parents' desire to have a child (MACHADO; CARNEIRO; MAGALHÃES, 2015). In particular, adoptive parenting, especially in cases of late adoption, is a process that develops over time, not requiring biological bonds to form the parental bond, but rather the acceptance and care of the parents (BIASUTTI, 2016).

When parents plan to adopt, they need to prepare for the transition to parenthood, adjusting their lives in material and emotional terms to welcome the adopted child and thus build a new identity as a father or mother. Many adoptive parents continue to participate in support groups even after the adoption process is complete, especially when it comes to late adoption, seeking to exchange experiences with other adopters (CECÍLIO; SCORSOLIN-COMIN 2016).

The decision to adopt a child, especially older ones, brings with it expectations of forming a complete family based on affection and the role of father or mother. However, there is a fear that expectations will not be met, which can generate insecurity, especially in late adoptions, resulting in older children remaining in foster care (BERNARDINO; FERREIRA, 2013). Adopters often expect the adopted child to meet their expectations, and may want the child to replace a biological child or fulfill unfulfilled personal aspirations. However, it is important to understand that the child is not obliged to fulfill these individual wishes of the parents (CAMARGO, 2005).

The adoption process often generates expectations in adopters, but it is crucial to understand that emotional bonds are not formed based solely on these expectations. It is necessary to understand and meet the needs of adopted children in order to establish an effective adoption, which involves an extensive process of integration of the family with the new member (OTUKA; SCORSOLIN-COMIN; SANTOS, 2012). Furthermore, late adoption presents challenges, such as adapting to the family routine and the child's previous experiences, but it also offers advantages, such as the child's ability to communicate and express feelings, facilitating the construction of an emotional bond (BICCA; GRZYBOWSKI, 2014).

Couples who opt for late adoption generally already have experience raising children and may not want to start over with a baby, thus seeking a child with greater autonomy and independence (EBRAHIM, 2001). In the context of late adoption, it is common to face challenges that can influence the formation of the bond between parents and children, especially considering that these are children over two years old and still in the development process. To establish this emotional bond, it is crucial to adopt coping strategies when faced with challenging situations.

As highlighted by Sampaio (2017), dealing with the past of adopted children and building a new story can be a complex path. Adopting older children involves dealing with a variety of emotional baggage that can interfere with the construction of this bond, including previous experiences and the need for understanding on the part of the adoptive parents. The experiences lived before adoption, especially in terms of family ties and separations, can have a profound impact on the child, making it essential to understand and overcome these challenges (SOUSA, 2018). Several factors can interfere with the construction of the bond, such as initial difficulties, the life history of the adopted child, and personal issues of the adoptive parents (SAMPAIO, 2017).

The transition of a child to a new family after previous experiences involves significant emotional adaptation (RIBEIRO, 2020). Building this emotional bond takes time and effort, considering the child's possible fears and insecurities in adapting to the new family environment (RIBEIRO, 2020). In the case of late adoption, where children already have their own identity and autonomy, family dynamics can be more intensely impacted (ARAÚJO, 2020). This can generate concerns on the part of adoptive parents, since the child may resist the rules imposed by the new family.

To overcome these obstacles, strategies such as prior preparation, psychological support, participation in support groups and redefining prejudices are essential (DIAS; SILVA; FONSECA, 2008). Professional support, including psychological guidance, is essential for adoptive parents to understand the adoption process and develop a healthy emotional bond with their adopted child (PEIXOTO et al., 2019).

After all, affection, such as care and love, is still essential for adopters and adopted children to choose each other, regardless of color, race, age or sexual orientation. Corroborating this understanding, the formation of a family does not occur simply by coming together or living under the same roof, but, above all, it is essential that there be respect, understanding, love, and commitment in this environment, and thus, the constitutional foundation, namely, the dignity of the human person, is fulfilled.

1 RESEARCH PROBLEM

In Brazil, the adoption process is surrounded by numerous challenges, both for children and for adoptive families. One of the factors that most influences this scenario is the age of the children, often associated with greater difficulties in finding adoptive homes, especially in older age groups. This issue has significant psychosocial implications, both for children, who face prejudice and stigma, and for families, who deal with emotional and cultural barriers. Given this context, the following research problem is posed:

How does the age of children influence the challenges faced, the psychosocial consequences, the prejudices, and the acceptance in the adoption selection process in Brazil?

1.1 HYPOTHESIS

Children’s age significantly influences the challenges faced in the adoption selection process in Brazil, with older children tending to face greater barriers, prejudices and difficulties in acceptance compared to younger children. In Pernambuco, this trend manifests itself with an additional impact on the psychosocial consequences for children, reflecting a lower rate of adoptions for older age groups.

This hypothesis reflects the relationship between children’s age and psychosocial factors, prejudices and acceptance in adoption, in line with the context of Pernambuco. It suggests that older children encounter more difficulties, offering a basis for investigation.

1.2 OBJECTIVES

The general and specific objectives for the development of this dissertation will be presented below.

1.2.1 General Objective

To analyze how the age of children influences the challenges faced, the psychosocial consequences, the prejudices and the acceptance in the selective adoption process in Brazil and more specifically in Pernambuco.

1.2.2 Specific Objectives

To identify the specific challenges faced by children of different age groups in the late adoption process.

To investigate the psychosocial consequences of late adoption on children and their adoptive families.

To analyze the prejudices and stigmas associated with late adoption in the Brazilian context.

To evaluate the perception and acceptance of children in different age groups during the selective adoption process in Brazil.

1.3 JUSTIFICATION

In view of the above, this research is justified by directly addressing possible solutions and challenges, given the guarantee of the right to family and community life of children and adolescents who are still waiting to be adopted and are not in the majority group intended for adoption.

1.4 DELIMITATION

The issue of late adoption is directly related to the social responsibility of the Judiciary of Pernambuco. Therefore, it is possible to understand how this body, through the Interprofessional Teams of the TJPE, has worked on this issue with those seeking adoption in comparison with other Brazilian instances.

1.5 Dissertation structure

To this end, the dissertation was developed in five main chapters. The first chapter deals with the introduction consisting of delimitation of the topic, justification, general and specific objectives and hypothesis.

The second chapter, with ten sections, presents the theoretical framework.

The third chapter is dedicated to the methodological procedures. The fourth chapter presents the results and discussions, while the fifth deals with the final considerations. Finally, the following are presented: the bibliographical references.