Young man questions 'disadoption' in court after losing his mother's surname: 'Returned to no one'
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Can an adopted person be “disadopted”? A family argument made a young man from Santa Catarina leave his adoptive mothers' home and sign a document giving up his rights.
Can an adopted person be “disadopted”?
A family argument made a young man from Santa Catarina leave his adoptive mothers' home and sign a document giving up his rights. Now, he is trying to reverse the action in court, pointing out the illegality of the "de-adoption" process.
Flávio da Silva Maximiano Júnior was renamed Flávio Luiz Moroso Terres after being adopted in childhood by lawyer Lilian Regina Terres Moroso and judge Sonia Moroso Terres. He spent his adolescence with his brother, who was also adopted by the couple.
At 18, Flávio argued with his mothers because of his girlfriend. He said he decided to leave home after being forced to make a choice. "Lilian said: either you choose Ingrid or us", he remembers.
Flávio stated that, at Lilian's demand, he signed a document in which he lost all rights as a child, including his mother's surname. "If I can only leave their house without a name, I will sign this document", he reported.
Flávio da Silva Maximiano Júnior
Reproduction/TV Globo
He says that, the day after the argument, a lawyer from one of the mothers' offices came to him with the documentation. He signed a power of attorney and a request for the adoption to be undone. The request was approved by the Court within 45 hours and, thus, he was no longer the son of Lilian and Sonia.
Now 21 years old, the young man filed a rescission action to annul the sentence, alleging procedural fraud, speed in the decision and lack of a hearing or psychosocial study to authorize breaking the bond with the adoptive mothers.
The young man's lawyer says that he does not want to recover his adoptive family's surname, but to regain the rights of filiation and coexistence with his brother. "Today, Flávio doesn't have a family. He was returned to no one", argued Rodrigo dos Santos Monteiro, Flávio's lawyer.
The young man has an older sister, who was also adopted by Lilian and Sonia, but did not adapt and returned to the shelter after two months of living with the new family.
The Public Ministry of Santa Catarina stated that the case created a type of "filial divorce", which is not provided for by law. "The Brazilian legal system does not allow the termination of affiliation – biological or adoptive – due to a mere emotional rupture", said the body.
The Court of Justice of Santa Catarina reported that the matter is being analyzed at both the administrative and judicial levels.
Through lawyer Sílvia Domingues Santos, the adoptive mothers contested Flávio's version and stated that the initiative to undo the adoption came from the young man. According to the defense, they claimed to have tried to convince him to give up the idea and that they accepted the decision with suffering.
"The mothers never agreed, the mothers begged, asked, cried, they did everything to dissuade Flávio from this decision, but there was no way," said the lawyer.
While waiting for a decision from Justice, Flávio works with electrical maintenance of vessels in Itajaí (SC) and tries to rebuild his own life. He said he didn't consider it normal to have to give up his own name to leave his mother's house and follow his own path.
Despite the family breakup and the legal dispute, he said he continued to make plans for the future. "I'm going to be someone in life, I'm going to have my family, my children and I'm going to be very happy."
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