La adopción directa como mecanismo para garantizar el restablecimiento de los derechos fundamentales del menor: análisis de derecho comparado

Abstract

The Colombian Government sees the figure of adoption as a mechanism to realize the right of the child to have a family, analyzing existing national regulations as well as the doctrine necessary to resolve the legal problem was achieved an approximation of real, responsible for the facts and concerns surrounding the adoption. The process of adoption referred to in Colombian legislation is complex and not allow the direct adoption. Applying the method of comparative law was constitutional, legal, political, and social situation of Colombia and the of the United States of America, concluding that American society allows the direct adoption which ensures the substantial and procedural prevalence of the rights of children, girls and adolescents, under the event free and spontaneous of the citizen will respect. This research showed as a result, the need that the Colombian State integrated into the process direct or independent adoption under State control, with the aim that the biological parents are an important part of the solution, which will be reflected in better citizens, free from grudges, low self-esteem, believe a social problem, as also, to ensure to girls children and adolescents, the right to the family, civil status, know their parentage, avoiding the alteration of marital status.