Publicación:

Familia de crianza, ¿una correlación a la figura de adopción?

Resumen

One of the most debated issues is, without a doubt, what is referred to as the family issue, which from its conceptual and conformation point, varies drastically according to the social environment in which it develops, generating that they derive from the figure, complex legal aspects, which must be addressed from the legal-social interpretation. Now, of the advances or jurisprudential developments that correspond to the issue of family law, it is undoubtedly what concerns the foster family; The constitutional court has been pronouncing for a long time on the subject since the structuring of the figure itself, consolidating a specific and determined theme for the protection of a new type of family. However, as is common, there are premises to determine correlational postulates for specific issues already legally consolidated, an example of this is the figure of adoption, which since its normative development of Law No. 24,779, establishes clear parameters for adoption from a person to the family nucleus, declared from a formal, legal and regulated point. Now, we have that, between the two figures, there is a latent relationship that allows us to determine that they converge on the most essential points, in terms of the rights that the family corresponds, an example of this, in a more than marked way, immediate protection that pretend to minors that interfere within one of the two figures. Consolidating with this, an equal rights granted, between the figures of the adoption, which emerges from a civil family bond and that referring to the foster family itself, which is the result of a jurisprudential development regarding social dynamisms. We must note that, in relation to the figure of adoption, they constitute a series of clear and already recognized measures for the effective recognition of the rights that are derived from the figure itself, since an administrative and judicial process is already completed that consecrates and declares a clear and concise family situation. On the other hand, with regard to the foster family, we can observe a clear flaw in the very way in which we can enforce the rights that must be derived from the figure itself, in the sense that a real and non-formal relationship corresponds that leaves uncertainty the clear and concise form of the family relationship, leaving as a necessity for the figure to establish a form by means of which to formalize what has already been constituted.