Court equates adopted children born abroad with native-born Brazilians
The Brazilian Supreme Court on Thursday (Mar. 12) ruled that adopted children born abroad are entitled to Brazilian citizenship upon turning 18.
This right applies to children and adolescents who were adopted by Brazilian parents living abroad and registered at the Brazilian embassies and consulates.
The court emphasized that the Constitution prohibits any distinction between biological and adopted children. Accordingly, the justices unanimously ruled that legal interpretations by lower courts that fail to recognize that biological and adopted children have the same rights to nationality are unconstitutional.
The Supreme Court ruled on an appeal filed by a Brazilian family that adopted two children in the US. After reaching the age of majority, the children applied for recognition of Brazilian nationality, but their request was denied by a local court.
The court held that nationality could only be acquired through a naturalization process. Dissatisfied with the decision, the family appealed to the Supreme Court.
The decision must be applied to all similar cases dealing with this issue.
“The right to native Brazilian nationality is guaranteed to a person born abroad who has been adopted by a Brazilian citizen and registered with the competent consular authority,” the text states.
