The declaration of adoptability situation at a crossroads
This paper investigates a topic that is booming in Argentine jurisprudence: the declaration of the adoptability situation of children based on the informed, thoughtful, and autonomous decision of their parents -generally women who decide not to exercise their maternity– to give their child for adopt...
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| Format: | Article |
| Language: | English |
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Oñati International Institute for the Sociology of Law
2025-02-01
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| Series: | Oñati Socio-Legal Series |
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| Online Access: | https://opo.iisj.net/index.php/osls/article/view/1939 |
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| _version_ | 1832544809985769472 |
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| author | Natalia de la Torre |
| author_facet | Natalia de la Torre |
| author_sort | Natalia de la Torre |
| collection | DOAJ |
| description | This paper investigates a topic that is booming in Argentine jurisprudence: the declaration of the adoptability situation of children based on the informed, thoughtful, and autonomous decision of their parents -generally women who decide not to exercise their maternity– to give their child for adoption considering the obligatory gender perspective, in line with the rights of children. With this objective as a goal, the regulation of the judicial declaration of the situation of adoptability and the autonomous decision to give a daughter or son for adoption is synthesized, the exception being that the declaration in a situation of adoptability is not appropriate if a referent of the family of origin or extended family is able to take care of the child and its complementarity with the best interest of the child. At the same time, the paths taken in Argentine jurisprudence regarding the birth of children after hindering the legal interruption of pregnancy are critically analyzed.
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| format | Article |
| id | doaj-art-34d2e5c3eec545128a72eb97cfbe107b |
| institution | Kabale University |
| issn | 2079-5971 |
| language | English |
| publishDate | 2025-02-01 |
| publisher | Oñati International Institute for the Sociology of Law |
| record_format | Article |
| series | Oñati Socio-Legal Series |
| spelling | doaj-art-34d2e5c3eec545128a72eb97cfbe107b2025-02-03T09:36:40ZengOñati International Institute for the Sociology of LawOñati Socio-Legal Series2079-59712025-02-0115110.35295/osls.iisl.1939The declaration of adoptability situation at a crossroadsNatalia de la Torre0UBAThis paper investigates a topic that is booming in Argentine jurisprudence: the declaration of the adoptability situation of children based on the informed, thoughtful, and autonomous decision of their parents -generally women who decide not to exercise their maternity– to give their child for adoption considering the obligatory gender perspective, in line with the rights of children. With this objective as a goal, the regulation of the judicial declaration of the situation of adoptability and the autonomous decision to give a daughter or son for adoption is synthesized, the exception being that the declaration in a situation of adoptability is not appropriate if a referent of the family of origin or extended family is able to take care of the child and its complementarity with the best interest of the child. At the same time, the paths taken in Argentine jurisprudence regarding the birth of children after hindering the legal interruption of pregnancy are critically analyzed. https://opo.iisj.net/index.php/osls/article/view/1939Adoptability statusright to identityinterruption of pregnancyanonymous delivery |
| spellingShingle | Natalia de la Torre The declaration of adoptability situation at a crossroads Oñati Socio-Legal Series Adoptability status right to identity interruption of pregnancy anonymous delivery |
| title | The declaration of adoptability situation at a crossroads |
| title_full | The declaration of adoptability situation at a crossroads |
| title_fullStr | The declaration of adoptability situation at a crossroads |
| title_full_unstemmed | The declaration of adoptability situation at a crossroads |
| title_short | The declaration of adoptability situation at a crossroads |
| title_sort | declaration of adoptability situation at a crossroads |
| topic | Adoptability status right to identity interruption of pregnancy anonymous delivery |
| url | https://opo.iisj.net/index.php/osls/article/view/1939 |
| work_keys_str_mv | AT nataliadelatorre thedeclarationofadoptabilitysituationatacrossroads AT nataliadelatorre declarationofadoptabilitysituationatacrossroads |