ADOPTION OF CHILDREN AND ADOLESCENTS WITH DISABILITIES IN BRAZIL: LEGAL AND SOCIAL CHALLENGES.

Abstract

Adoption, as a legal institution aimed at guaranteeing the fundamental right to family life, faces significant challenges in Brazil when it comes to children with disabilities. Although a robust legal framework exists, comprised of the Statute of Children and Adolescents (ECA), the Adoption Law, and the Brazilian Law for the Inclusion of Persons with Disabilities, structural, cultural, and institutional barriers persist, hindering the full realization of this right. The objective of this study is to analyze the main challenges surrounding the adoption process of children with disabilities in Brazil, as well as to evaluate the effectiveness of legal instruments and intersectoral action in promoting the inclusion and comprehensive protection of these rights holders. Regarding materials and methods, the research was developed through bibliographic and documentary review, using the Federal Constitution, the Statute of Children and Adolescents, the Adoption Law, and the Brazilian Law for the Inclusion of Persons with Disabilities, in addition to statistical data released by the National Council of Justice (CNJ) and the Ministry of Women, Family and Human Rights. Regarding the results, it was found that the adoption of children with disabilities represents a minimal portion of adoptions in the country, due to prejudice, lack of preparation on the part of adoptive parents, and the fragility of public policies providing post-adoption support. Furthermore, the need for greater integration between the Judiciary and social assistance, health, and education networks was identified. In conclusion, it is understood that inclusive adoption requires more than legal norms: it demands cultural transformation, strengthening of public policies, and social commitment to valuing diversity and recognizing the fundamental right of every child to family and community life under conditions of equality.