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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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- INICIO
- Quiénes somos
- Contáctenos
- TIC
- Atención Urgente
- abogados de familia
- Tráfico y Seguridad Vial
- Vivienda
- Asistencia Penal
- civil
- Honorarios
- Matrimonial
- Herencias
- noticias
- Consejos herencias testamentos
- incapacidad
- desahucios
- Alquiler
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- Administrador Fincas
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- DNI
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- Matrimonio homosexual
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