The regulation of national adoption: jurisprudential and doctrinal interpretation of some or tis most conflicting aspects

Abstract

The passage of several years since the reform of the regulation of adoption operated by Law 26/2015, of July 28, of 28 July Amending the system for the protection of children and adolescents and Law 15/2015, of 2 July, on Voluntary Jurisdiction, introducing certain changes that had been demanded from different levels. The objective of this work is not the exhaustive study of the current regulation of adoption, because it exceeds the limits of this report, but the analysis, in the light of the doctrinal and jurisprudential interpretations issued since the promulgation of the new regulations, of some of the most controversial issues that practical application has revealed and try to highlight the implementation of this institution. In this way, it has been possible for us to observe the legislative successes, as well as to expose the deficiencies or shortcomings of which, in our opinion, this regulation suffers. This circumstance has allowed us, where appropriate, make lege ferenda proposals for the best achievement of its ultimate goal: the integration of minors who are in a particularly vulnerable situation in a stable family nucleus, creating a state of filiation between them and the adopters.