Adoção: políticas para a infância e juventude no Brasil? / Adoption: policies for children and youth in Brazil? / Adopción: ¿políticas para niños y jóvenes en Brasil?

Resumo Este artigo tem por objetivo refletir sobre a Lei 13.509/17 que dispõe sobre adoção e altera a Lei 8.069/90 (Estatuto da Criança e do Adolescente). Desejo entender quais os sentidos sobre adoção, filiação, exercício parental, famílias, práticas de justiça e políticas públicas que organizaram a promulgação desta lei. Em que medida a filiação adotiva pode estar sendo contemplada como uma política pública para a infância e a juventude? Será que a aposta na diminuição do tempo de um processo pode estar conectada à ideia de que adoção é solução do problema de crianças e jovens que são, em caráter protetivo, afastados de suas famílias de origem? Almejo analisar estas questões a partir do texto da lei, bem como por meio de debates públicos em revistas, jornais e outras mídias sobre o tema emitidos por profissionais ligados à Justiça da Infância e da Juventude.

Abstract This academic article aims to discuss the Law 13,509/17, which provides for adoption and amends the Law 8.069/90 (also known as "Statute of the Children and the Adolescents"). My goal is to understand the meanings associated with adoption, parental exercise, families, justice practices and public policies (related to the referred Law's promulgation). How can an adoptive filiation be considered a public policy for children? May the time reduction of a process be connected to the idea of an adoption as a solution for children's issues in a protective way, as these ones are away from their families of origin? This piece aims to analyze these issues according to the Law's perspective, as well as through public debates on the subject, disclosed by professionals related to the Justice of Childhood and Youth (sources: magazines, newspapers and other media).

Resumen Este artículo tiene como objetivo reflexionar sobre la Ley 13.509/17, que establece la adopción y modifica la Ley 8.069/90 (Estatuto da Criança e do Adolescente). Quiero entender cuáles son los significados de adopción, afiliación, crianza de los hijos, familias, prácticas de justicia y políticas públicas que se han organizado para promulgar esta Ley. ¿En qué medida se puede contemplar la membresía como una política pública para la infancia y la juventud? ¿Podría la apuesta por reducir el tiempo de un proceso estar relacionada con la idea de que la adopción es una solución al problema de los niños y jóvenes que, de manera protectora, son retirados de sus familias de origen? Mi objetivo es analizar estos temas a partir del texto de la Ley, así como a través de debates públicos sobre el tema en revistas, periódicos y otros medios emitidos por profesionales vinculados a la Justicia de la Infancia y la Juventud.

Reimbursement of Qualifying Adoption Expenses for Certain Veterans. Interim final rule.

The Department of Veterans Affairs (VA) amends its regulation to provide for reimbursement of qualifying adoption expenses incurred by a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. Under the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act, VA may use funds appropriated or otherwise made available to VA for the "Medical Services" account to provide adoption reimbursement to these veterans. Under the law, reimbursement may be for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense (DoD), as authorized in DoD Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction. This rulemaking implements the new adoption reimbursement benefit for covered veterans.

Medical social work practice in child protection in China: A multiple case study in Shanghai hospitals.

With the rapid development of the child welfare system in China over recent years, medical social work has been increasingly involved in providing child protection services in several hospitals in Shanghai. Focusing on five cases in this paper, the exploratory study aims to present a critical overview of current practices and effects of medical social work for child protection, based on a critical analysis of the multidimensional role of social work practitioners engaged in the provision of child protection services as well as potential challenges. Implications and suggestions for future improvements of China's child protection system are also discussed.

Adoption and Foster Care Analysis and Reporting System. Final rule.

The Social Security Act (the Act) requires that ACF regulate a national data collection system that provides comprehensive demographic and case-specific information on children who are in foster care and adopted. This final rule replaces existing Adoption and Foster Care Analysis and Reporting System (AFCARS) regulations and the appendices to require title IV-E agencies to collect and report data to ACF on children in out-of-home care, and who exit out-of-home care to adoption or legal guardianship, children in out-of-home care who are covered by the Indian Child Welfare Act, and children who are covered by a title IV-E adoption or guardianship assistance agreement.

Additional Compensation on Account of Children Adopted Out of Veteran's Family. Final rule.

The Department of Veterans Affairs (VA) is amending its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This action is necessary because applicable VA adjudication regulations are currently construed as permitting a veteran, whose former child was adopted out of the veteran's family, to receive the dependent rate of disability compensation for the adopted-out child, which constitutes an unwarranted award of benefits not supported by the applicable statute and legislative history. This document adopts as a final rule, without change, the proposed rule published in the Federal Register on December 2, 2014.

Surrogacy, Compensation, and Legal Parentage: Against the Adoption Model.

Surrogate motherhood is treated as a form of adoption in many countries: the birth mother and her partner are presumed to be the parents of the child, while the intended parents have to adopt the baby once it is born. Other than compensation for expenses related to the pregnancy, payment to surrogates is not permitted. We believe that the failure to compensate surrogate mothers for their labour as well as the significant risks they undertake is both unfair and exploitative. We accept that introducing payment for surrogates would create a significant tension in the adoption model. However, we recommend rejecting the adoption model altogether rather than continuing to prohibit compensation to surrogates.

Reproductive 'surrogacy' and parental licensing.

A serious moral weakness of reproductive 'surrogacy' is that it can be harmful to the children who are created. This article presents a proposal for mitigating this weakness. Currently, the practice of commercial 'surrogacy' operates only in the interests of the adults involved (the gestator and the commissioning individuals who employ her), not in the interests of the child who is created. Whether 'surrogacy' is seen as the purchase of a baby, the purchase of parental rights, or the purchase of reproductive labor, all three views share the same significant flaws. They endorse the transfer, for a fee, of the infant from the woman who gestated it to those who commissioned it, but without justifying such a transfer; they fail to demonstrate that the commissioners have any entitlement to the infant, or, for that matter, suitability to be the infant's parents; and they fail to take any notice of the infant's needs, interests, and wellbeing. A mere genetic connection is not enough to establish that the commissioners are entitled to receive the baby or that they are competent to raise it. Their good intentions, however caring, are not enough. Therefore, just as in the practice of adoption, there should be a formal institutionalized system for screening and licensing the prospective social parents, which would make the infant's needs, interests, and wellbeing paramount. I reply to several potential objections to this proposal, including the objection that genetic parents who raise their own child are not screened and licensed.

Birth of identity: understanding changes to birth certificates and their value for identity resolution.

INTRODUCTION: Identity information is often used to link records within or among information systems in public health and clinical settings. The quality and stability of birth certificate identifiers impacts both the success of linkage efforts and the value of birth certificate registries for identity resolution. OBJECTIVE: Our objectives were to describe: (1) the frequency and cause of changes to birth certificate identifiers as children age, and (2) the frequency of events (ie, adoptions, paternities, amendments) that may trigger changes and their impact on names. METHODS: We obtained two de-identified datasets from the Utah birth certificate registry: (1) change history from 2000 to 2012, and (2) occurrences for adoptions, paternities, and amendments among births in 1987 and 2000. We conducted cohort analyses for births in 1987 and 2000, examining the number, reason, and extent of changes over time. We conducted cross-sectional analyses to assess the patterns of changes between 2000 and 2012. RESULTS: In a cohort of 48 350 individuals born in 2000 in Utah, 3164 (6.5%) experienced a change in identifiers prior to their 13th birthday, with most changes occurring before 2 years of age. Cross-sectional analysis showed that identifiers are stable for individuals over 5 years of age, but patterns of changes fluctuate considerably over time, potentially due to policy and social factors. CONCLUSIONS: Identities represented in birth certificates change over time. Specific events that cause changes to birth certificates also fluctuate over time. Understanding these changes can help in the development of automated strategies to improve identity resolution.

How statewide LGB policies go from ''under our skin'' to ''into our hearts'': fatherhood aspirations and psychological well-being among emerging adult sexual minority men.

Researchers have noted increasingly the public health importance of addressing discriminatory policies towards lesbian, gay, and bisexual (LGB) populations. At present, however, we know little about the mechanisms through which policies affect LGB populations' psychological well-being; in other words, how do policies get under our skin? Using data from a study of sexual minority young men (N = 1,487; M = 20.80 (SD = 1.93); 65% White; 92% gay), we examined whether statewide bans (e.g., same-sex marriage, adoption) moderated the relationship between fatherhood aspirations and psychological well-being. Fatherhood aspirations were associated with lower depressive symptoms and higher self-esteem scores among participants living in states without discriminatory policies. In states with marriage equality bans, fatherhood aspirations were associated with higher depressive symptoms and lower self-esteem scores, respectively. Fatherhood aspirations were associated negatively with self-esteem in states banning same-sex and second parent adoptions, respectively. Our findings underscore the importance of recognizing how anti-equality LGB policies may influence the psychosocial development of sexual minority men.

A profile of post-ASFA hearings in the U.S. Congress.

Examination of the policymaking process can yield a better understanding of the rationale behind policy content and prescriptions for shaping future policies. To this end, this study uses data from 38 child welfare hearings held by the U.S. Congress from 1999-2010 to describe key hearings, as well as Congress, committee member, and child welfare indicators. This manuscript concludes with implications for research and practice.

Promoting the well-being of children whose parents are gay or lesbian.

Extensive data available from more than 30 years of research reveal that children raised by gay and lesbian parents have demonstrated resilience with regard to social, psychological, and sexual health despite economic and legal disparities and social stigma. Many studies have demonstrated that children's well-being is affected much more by their relationships with their parents, their parents' sense of competence and security, and the presence of social and economic support for the family than by the gender or the sexual orientation of their parents. Lack of opportunity for same-gender couples to marry adds to families' stress, which affects the health and welfare of all household members. Because marriage strengthens families and, in so doing, benefits children's development, children should not be deprived of the opportunity for their parents to be married. Paths to parenthood that include assisted reproductive techniques, adoption, and foster parenting should focus on competency of the parents rather than their sexual orientation.

Economic incentives and foster child adoption.

Every year, a large number of children in the United States enter the foster care system. Many of them are eventually reunited with their biological parents or quickly adopted. A significant number, however, face long-term foster care, and some of these children are eventually adopted by their foster parents. The decision by foster parents to adopt their foster child carries significant economic consequences, including for feiting foster care payments while also assuming responsibility for medical, legal, and educational expenses, to name a few. Since 1980, U.S. states have begun to offer adoption subsidies to offset some of these expenses, significantly lowering the cost of adopting a child who is in the foster care system. This article presents empirical evidence of the role that these economic incentives play in foster parents' decision of when, or if, to adopt their foster child. We find that adoption subsidies increase adoptions through two distinct price mechanisms: by lowering the absolute cost of adoption, and by lowering the relative cost of adoption versus long-term foster care.

The donor-conceived child's "Right to Personal Identity": the public debate on donor anonymity in the United Kingdom.

On 1 April 2005, with the implementation of the Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004, United Kingdom law was changed to allow children born through gamete donation to access details identifying the donor. Drawing on trends in adoption law, the decision to abolish donor anonymity was strongly influenced by a discourse that asserted the 'child's right to personal identity'. Through examination of the donor anonymity debate in the public realm, while adopting a social constructionist approach, this article discusses how donor anonymity has been defined as a social problem that requires a regulative response. It focuses on the child's 'right to personal identity' claims, and discusses the genetic essentialism behind these claims. By basing its assumptions on an adoption analogy, United Kingdom law ascribes a social meaning to the genetic relatedness between gamete donors and the offspring.

Tribal child welfare. Interim final rule.

The Administration for Children and Families (ACF) is issuing this interim final rule to implement statutory provisions related to the Tribal title IV-E program. Effective October 1, 2009, section 479B(b) of the Social Security Act (the Act) authorizes direct Federal funding of Indian Tribes, Tribal organizations, and Tribal consortia that choose to operate a foster care, adoption assistance and, at Tribal option, a kinship guardianship assistance program under title IV-E of the Act. The Fostering Connections to Success and Increasing Adoptions Act of 2008 requires that ACF issue interim final regulations which address procedures to ensure that a transfer of responsibility for the placement and care of a child under a State title IV-E plan to a Tribal title IV-E plan occurs in a manner that does not affect the child's eligibility for title IV-E benefits or medical assistance under title XIX of the Act (Medicaid) and such services or payments; in-kind expenditures from third-party sources for the Tribal share of administration and training expenditures under title IV-E; and other provisions to carry out the Tribal-related amendments to title IV-E. This interim final rule includes these provisions and technical amendments necessary to implement a Tribal title IV-E program.

Findings from a national needs assessment of American Indian/Alaska native child welfare programs.

The National Child Welfare Resource Center for Tribes, a member of the Children's Bureau Child Welfare Training and Technical Assistance Network, conducted a national needs assessment of tribal child welfare. This assessment explored current practices in tribal child welfare to identify unique systemic strengths and challenges. A culturally based, multi-method design yielded findings in five areas: tribal child welfare practice, foster care and adoption, the Indian Child Welfare Act, legal and judicial, and program operations.

The war at home: affective economics and transnationally adoptive families in the United States.

The question of how to best conduct post-placement interventions for transnationally adoptive families at risk of dissolution (legal annulment) is an emerging issue in the United States. The current popular trend for adoptive families to pursue biomedical post-placement interventions, despite a lack of proof that such interventions actually work to keep the adoptive family intact, suggests the need for a more phenomenological approach to understanding both adoptive parents' and transnational adoptees' post-placement experiences. This study examines the empirical experiences of adoptive families at risk of dissolution in the United States who attempt to define and navigate the path toward family stability after adopting. From the coding of this data set emerge some routes through and by which emotions circulate between adoptive parents and transnational adoptees through the family body and the family social. Particularly, it investigates one post-placement "affective economy" at work in which adoptive parents attempt, through the expression of particular forms of parental love, to align adoptees as subjects of the private, nuclear American family, while adoptees more often attempt to create space for more heterogeneous forms of family, ones that include birth parents and other kin-like relations in their countries of origin. Ultimately, it illuminates some vastly different and sometimes contradictory ways that adoptive parents and adoptees can interpret family through emotional lenses, ones that can prevent a smooth post-placement transition for adoption actors. An understanding of these differences and how they shape, and are shaped by, the post-placement affective economy within families at risk of dissolution may aid in locating indicators for adoption dissolution, and possibly, designing more effective post-placement interventions for families struggling in the aftermath of adoption. It may also help scholars begin to think about the construction and impact of affective economies in the realm of adoption more generally.

The role of the Toronto Girls' Home, 1863-1910.

It has been suggested that the role of Ontario children's homes, who had for half a century been helping disadvantaged children, changed significantly and immediately under the 'Children's Protection Act of 1893'. However, the records of the girls admitted to Toronto Girls' Home from 1863 to 1910 suggest that this was not the case, for this home at least. For most of their history, their core clientele was the children of poor respectable parents dealing with a crisis or who could not both work and care for their children. Thus, although prior to 1893 they did also care for a significant number of neglected children, and after 1893 fewer such children were admitted, the Home continued for more than 20 years to help families as they always had, providing a form of family support for which the child protection system was not designed.