Third Amendment To Decree-Law No. 185/93, Of 22 May, In Part For The Placement Abroad Of Minors Resident In Portugal With A View To The Adoption
Original Language Title: Terceira alteração ao Decreto-Lei n.º 185/93, de 22 de Maio, na parte respeitante à colocação no estrangeiro de menores residentes em Portugal com vista à adopção
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1 DRAFT law No. 304/X AMENDS Decree-Law No. 185/93, of 22 may, in PART for the PLACEMENT ABROAD of MINORS RESIDENT in PORTUGAL with a view to ADOPTING the EXPLANATORY MEMORANDUM the legal Institute of adoption was introduced in Portugal with the approval of the Civil Code of 1966. Since it was recognized as a source of legal family relations, the adoption Institute has suffered four major modifications operated by decree-laws No. 496/77, of the 25 November, 185/93, of 22 may, 120/98, of 8 may, and by law No. 31/2003, of 22 August, which aimed at the adequacy of the Institute to reality in order to ensure a full and harmonious development of children bereft of familiar. It turns out, however, that at the time of the last review of the legal regime of adoption as a result of the entry into force of that law No. 31/2003, of 22 August, was deleted a specific rule that ensured the possibility of the Portuguese living abroad can apply for adoption of minors resident in Portugal under conditions similar to those of the Portuguese residing in national territory. Since 1993, and until 2003, the principle of subsidiarity applies to placement abroad, for the purposes of adoption of minors resident in Portugal, contained, among others, an exception: "when the smaller of the nationality of the would-be adopter, allowing in this way to circumvent the rule that restricts the placement of minors for adoption abroad only when it is infeasible to adoption in Portugal. Despite the overall positive changes resulting from the 2003 reform, the truth is that there has been a step backwards in relation to rights of Portuguese living abroad, who no longer see in relief his nationality face 2 foreign nationals, when it comes to the adoption of children from Portugal. The deletion of the number 3 of article 15 of Decree-Law No. 120/98, of 8 may, resulted in a loss of rights for Portuguese citizens reside abroad, since, for the purposes of adoption of minors resident in Portugal, ceased to be treated as citizens residing in Portugal. More than an express wish of the legislature, the change appears to have resulted from an oversight material, noting, therefore, that the nationals resident abroad, who benefited from a system of exceptions regarding the placing of minors abroad for the purposes of adoption, they harmed with the Elimination of this standard, that put it into force. Thus, in accordance with the rules applicable and constitutional, the Members of the parliamentary group of the Socialist Party feature the following: single-Article draft law amendment to Decree-Law No. 185/93, of May 22 article 15 of Decree-Law No. 185/93, of 22 may, amended by Decree-Law No. 120/98, of 8 may, and by law No. 31/2003 , from August 22, shall be replaced by the following: ' article 15 [...]
1-(...) 2-(.) 3-does not apply paragraph 1 if the smaller of the nationality of the would-be adopter or the spouse or child if the child's interest advise the adoption abroad. "
São Bento, to 20 July 2006 MEMBERS,
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