translated from Spanish: Reform to the adoption law: academic of the UDP puts the focus on formula of the open adoption

It is currently being discussed in the Congress the “reform Integral to the system of adoption in Chile”, submitted by the Chairman, Sebastián Piñera, which raised different views and alternatives on how it deals r this legislative debate. However, there is an option that today the law does not address and which has not arisen in the discussion: open adoption, which is – as explained by lawyer specialized in the topic and founder of the Foundation of all voices, Paula Correa – in “a system in which children” and girls are adopted, but which maintains the bond with their family of origin”.
Intermediate formula to solve the dramatic situation of thousands of children and adolescents who live today in the Sename. “The problem is that the majority of cases occur due to parental neglect and not to leave them, often parents do not have the tools to take care of their children, usually by socio-economic problems, but are present in their lives and there is a” close emotional link”, said Maria Paz Zarzar, lawyer magister in alternative dispute resolution with family of Cardozo Law from New York University law approach. What is a mechanism which “guarantees both the right to live in family and the right to identity”.
To deepen this proposal, Paula Corea in an interview with El Mostrador underscored the benefits of open adoption and also refers to one of the most important missions of the Foundation all the voices: “that a child or adolescent have a lawyer that thing” “defend, accompanying and support it in the process means a big difference in their lives and so we have seen it in our professional experience”.
-The figure of the open adoption is unknown or is rejected?
-There is a bit of both. Although not as well known, it has implemented in other countries. In Chile, the discussion has focused on certain things and others, have left side has been focused on topics values, about whether the Homo couples can adopt, on how to speed up processes, in the end, but has been left aside this, because it is one Figure hard to incorporate.
-What is open adoption?
-In that children maintain contact with their family of origin, something that scares adults but, I repeat, must be put in the place of children. With this figure, the child never ceases to know who their family of origin and that makes clear his right to an identity. At the end, children adopted always end up wondering who his family is, but when that is open that question is much more easy to answer, does not generate trauma. On the other hand, psychologically, it allows integration much more fully and that is very good also. When a child is adopted and the brothers can not be adopted, that child can continue interacting with them, so do not lose that contact. There are several advantages.
-Among the disadvantages noted that it can make more difficult the child to assimilate to his adoptive family–that holds that this is not for all cases and that it depends on the circumstances. Some may be a difficulty, but the issue that we raised is how it can be a positive thing, which we should regulate it, establishing that it is not for everyone. He is also said to maintain contact with their family could create confusion in the child, that can not ignore and there will be have one advise interdisciplinary that it recommended in which cases should be. However, these arguments are not enough to dismiss it outright, because you always have to think more in children than in adults.
-Which it has been the experience of the Foundation in terms of cases occurring in Chile and what made them consider it?
-In Chile, what happens is that, in many cases, the adoption is closely linked to poverty situations. Charge refers to families of this parental neglect, that cannot be their children and that neglect is associated with poverty, not to neglect. Many times the social conditions make that fathers and mothers not to take good care to their children, then we have had cases in which the breast, for example, had a link with the very strong son and the son was in a juvenile home, but acknowledged her MOM had him affection, but that mother could not care for him and that child had to go up for adoption… When that occurs, is totally cut the link and I ask myself: why is there to cut it, can’t open the possibility that that link is maintained, in a different way and that the child does not have to be cut so brutally that relationship that affection?
-Do you remember another case that made him ponder the importance of this figure?
-I remember the case of a girl who was in a residence, which took several years and was crucial to already start to live with a family. The point is that it you would always see her father, never abandoned it, it met with the coming visit, it was with her, gave him the bottle, she recognized him, smiled at him and noticed that there was a good relationship, but he was in a situation almost Street so I had no resources. Finally pleaded that she was adopted, and the overnight, she finally had no more contact with his father. That must have been very traumatic. I think that, from the perspective of the child, adding links is better than subtract.
-One of the missions of the Foundation is that children have the right to a lawyer, whereas that of the more than 150,000 who are subject to some measure of protection by the courts, only 15,000 have one that defends them… – This is important is nalar affecting when taking a measure of protection for a child, is their rights. When is taken from his house, because it is not well there, because it is abused, their right to family life is affected. In this regard, it is important to know that when a measure is taken, affects a right and when it affects, adults have the right to counsel, but what happens with children is that they do not have one that represents them and the only thing that exists is the figure of the curator ad litem, which does not represent the views of the child, but what you think that it is best for the child. This is another reform that is needed.
-The Ministry of Justice is working in the direction proposed by the Foundation?
-It is implementing a program to put lawyers for children, but as far as I know only refers to children what are in a residence, and the problem is that there are 150 thousand children who are with protection measure and 19 thousand in residence. The only Ministry program has aimed to the of residence, then is much to advance.

Original source in Spanish