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NOVEDADES EN MATERIA DE ADOPCION

Posted on August 16, 2015 at 4:41 AM
Con motivo de la nueva regulación del mes de julio de 2015 sobre legislación d e protección a la infancia y adolescencia, se han producido importantes novedades en MAERIA DE ADOPCION:

- Se establece el carácter preferente de los expedientes de adopción y el carácter preceptivo de la intervención del Ministerio Fiscal.

- Se regula con muchos más detalle la capacidad de los adoptantes y se incorpora una definición más precisa de la idoneidad para adoptar.

- Para menores en situación de desamparo, no será necesario el asentimiento de los padres biológicos si transcurren dos años sin que hayan intentado revocar dicha situación.

- Se suprime la necesidad de renovar el asentimiento para la adopción que ahora tienen que realizar ante el juez las madres si han transcurrido más de seis meses desde que lo prestaron.

- Se regula como nueva figua y de forma plena la guarda con fines de adopción. Esta previsión legal permitirá que, con anterioridad a que la Entidad Pública formule la correspondiente propuesta al Juez para la constitución de la adopción, pueda iniciarse la convivencia provisional entre el menor y las personas consideradas idóneas para tal adopción hasta que se dicte la oportuna resolución judicial, con el fin de evitar que el menor tenga que permanecer durante ese tiempo en un centro de protección o con otra familia.

- Se crea la figura de la adopción abierta, que posibilita que, una vez constituida la adopción, el adoptado pueda mantener con algún miembro de la familia de procedencia alguna forma de relación o contacto a través de visitas o de comunicaciones.

- Se refuerza y regula  el derecho de acceso a los orígenes de las personas adoptadas, obligando a las Entidades Públicas a garantizarlo y mantener la información durante el plazo previsto en el Convenio Europeo de Adopción (al menos años tras haberse hecho definitiva la adpción).

-Se regula con más precisión la adopción internacional, y se clarifican el ámbito de aplicación de la ley y el concepto de adopción internacional; se refuerzan las previsiones de garantía de las adopciones internacionales señalando que solo podrán realizarse a través de la intermediación de Organismos acreditados y en los casos de países signatarios del Convenio de La Haya; se detallan con mayor claridad las obligaciones de los adoptantes y se introducen importantes modificaciones en las normas de Derecho internacional privado.

Categories: nueva regulacion de la adopcion

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