ADOPTION INTUITU PERSONAE AND THE BEST INTEREST OF THE CHILD PRINCIPLE: ANALYSIS OF DECISIONS FROM THE 1ST CHILDHOOD AND YOUTH COURT OF SÃO LUÍS (2024)

Abstract

This article analyzes intuitu personae adoption in light of the principle of the best interests of the child and adolescent, based on decisions issued by the 1st Childhood and Youth Court of São Luís in 2024. This type of adoption consists of the direct placement of a child with a person chosen by the biological parents, without observing the chronological order established by the National Adoption and Foster Care System (SNA). Although it is not expressly regulated under Brazilian law, it has been judicially accepted in exceptional circumstances, particularly when consolidated emotional bonds between the child and the prospective adoptive family are demonstrated. The study adopts a qualitative and descriptive approach, based on bibliographic and documentary research. The research universe comprised 45 out-of-registry adoption cases assigned to the court in 2024, from which nine cases were selected according to objective inclusion criteria. The findings indicate that adoption is granted when consolidated emotional bonds, family stability, the consent of the biological parents, and the absence of irregularities are verified. Furthermore, a control methodology was identified, consisting of interdisciplinary psychosocial assessment, a reasoned opinion by the Public Prosecutor's Office, and judicial decisions grounded in the case law of the Superior Court of Justice. The study concludes that this form of adoption is compatible with the principle of comprehensive protection established by the Federal Constitution and the Child and Adolescent Statute.