El The right to adopt for foster families

Abstract

This analysis of the judgement “C, A. M s/ Precautionary measures - Family” file 86054/2017 of the Chamber E of the Civil National Court proposes to consider whether it is possible to prioritize legal formal requirements — such as the prior registration in the Registry of Applicants for Guardianship with Purposes of Adoption — over the emotional reality of a child. In the case under study, the possibility for a foster family being able to adopt the child in their temporary care is defended when, due to the excessive passage of time, a clear bond has been formed that consolidates them as a family. The letter of a national law cannot be prioritized over conventional and natural principles, such as such as the best interest of the child and the right of every human being for the State to respect and protec his or her family. The Supreme Court of Buenos Aires has already stated that “(...) if the child is instrumentalized to preserve a supposed intangibility of the order established by the Registry, the values are inverted, consecrating the superior interest of the Registry, not of the child”.