A adoção do nascituro sob a perspectiva da lei 13.509/2017 e seus efeitos nas decisões judiciais.

Abstract

Adoption is an institute created to protect children and adolescents, aiming to provide those without a family structure with a new family, but for that it is necessary to meet several legal requirements. As seen in the context of this study, this institute has evolved a lot over the years, being always improved by new legislation. The present study aimed to investigate the adoption of the unborn child based on a thorough analysis of Law nº 13.509/2019 and its effects on the position adopted in judicial decisions on the subject. The methodology used was bibliographic research by consulting the available literature on the subject. It was concluded that the new Civil Code, unfortunately, represented a setback regarding the rights of the unborn child, however other laws, especially Law 13.509/2019, by providing for the voluntary delivery of the newborn child by the mother, contributed to preventing the abandonment of the children. minors, a serious social scourge that still rages in the country. It is also concluded that the unborn child is a human being since its conception and, therefore, has rights inherent to civil personality, being classified as a subject of law. In this way, it is possible to fight for guardianship in favor of the adoption of the unborn child, and it can be affirmed, undoubtedly, that Law 13.509/2019 has positively influenced the judges in order to make this category of adoption viable. Keywords: Adoption. Unborn. Law No. 13,509/19. Guardianship.