Adoption of people of legal age with de facto capacity

Abstract

Adoption has gone through different stages in its history, the ancient romans used it to maintain their lineage and regulated both the adoption of minors and adults and emancipated. At present, when adoption is spoken of as a legal institution in Paraguay, it tends to be related to children and adolescents; but that interpretation leaves out the possibility of legal regulation of the adoption of people of legal age who have de facto capacity and who, for biological reasons, do not have filial ties with the family that took them in. The fundamental purpose of this work focused on analyzing the foundations for which it is necessary to introduce in the Paraguayan civil legislation the adoption of adults with de facto capacity, for which a legal comparison was made with the legislation of Latin America and that of Spain, doctrinal criteria were collected, as well as the study of the constitutional principles and human rights that are related to this legal institution. The research was of documentary design with a descriptive level and the systematic and hermeneutic methods were used. As a main conclusion, it was reached that not regulating this type of adoption in the country is discriminatory, violates the right to equality, to form a family and the right to identity, for which a modification in the national legislation is required.