Adopción: Impiden que se separen cinco hermanos que vivieron siempre juntos

SÍNTESIS.- En el marco de un proceso de adopción, impide la separación de cinco hermanos que vivieron siempre juntos. Señala que el art. 595, inc. c), del Código Civil y Comercial de la Nación, consagra como uno de los principios que rigen el instituto de la adopción el de la preservación de los vínculos fraternos, priorizándose la adopción de grupos de hermanos en la misma familia adoptiva o, en su defecto, el mantenimiento de vínculos jurídicos entre los hermanos, excepto razones debidamente fundadas. Considera que debe compatibilizarse el derecho de este grupo de hermanos a la preservación de sus vínculos en el ámbito de una única familia adoptiva; con la tutela efectiva de su derecho a insertarse, crecer y desarrollarse en un mismo grupo familiar dentro de un plazo razonable, que en el caso debe ser lo más breve posible, habida cuenta el prolongado lapso de tiempo que los niños llevan institucionalizados.

Sobre la cuestión, se ha dicho que el principio de inseparabilidad de los hermanos surge directamente del principio de interés del adoptado; y se ha afirmado que, cuando se trata de varios hermanos, si son adoptados por personas diferentes, a la desgracia de su desamparo se suma otra más: la de dejar de ser hermanos. De allí la conveniencia de que todos los hermanos sean adoptados por un mismo adoptante (conf.: SCJ de Mendoza, 29/08/2000, “S., Nora y otro en j. 12636/25045 E., L. p/tenencia s/Inc. cas.”, expte. 69.079; íd., 4/4/2011, “S., P. E. y otro”, citados en Tratado de derecho de familia según el código civil y comercial de 2014, dirigido por Aída Kemelmajer de Carlucci, Marisa Herrera y Nora LLoveras, 1° ed., Santa Fé, Rubinzal-Culzoni, 2014, T. III, ps. 83/84).

M. M. A. s/ART. 250 C.P.C – INCIDENTE FAMILIA, CAMARA NACIONAL DE APELACIONES EN LO CIVIL, 22/11/17

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Fuente: Sistema Argentino de Información Jurídica

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