El principio de celeridad y el proceso administrativo de adopción

Abstract

Adoption is a legal institution regulated by the Civil Code from its beginnings, collecting the Spanish tradition and, before, the Roman tradition. However, it is not only civilian elements that have to be considered in their study. The adoption process is regulated by the State, which has provided for a procedure before the Public Administration responsible for safeguarding the interests of vulnerable people, and before the judicial body to process and enforce that institution. Moreover, it is not possible to leave aside the relevance that sociologically can acquire this institution concretely in Ecuador. Specifically, in the province of Tungurahua, where our study is focused, there are a large number of children in shelters. And there is also an interest in adopting couples, but the final number of adoptions is rather meager. In relation to this problem, we consider the application of the constitutional principle of celerity, which may present shortcomings in its application to the adoption processes. Is there a slowness in the processes of adoption? If this fact is verified, we will find that a considerable delay in these procedures is hurting those who are interested in adopting, who experience unjustified economic and moral damages. But it is not only those who are violated their rights, but also those children and adolescents who are waiting for a home, a family that can provide a suitable means to grow. From that point of view we can consider that the superior interest of the child is also being violated; An interest whose protection is typified in the Code of Children and Adolescents, supported by. For this reason an investigation has been carried out, with the main objective of analyzing in what way the principle of speed in the administrative process of adoption impinges. The first element of this study has been the search for bibliographic information and the analysis of the civil regulation and, especially of the administrative procedure, of the adoption. To obtain and contrast data on the research, we have worked with the Judicial Unit of the Family, Women, Children and Adolescents, based in Ambato; The Technical Unit for Adoption - Department of Economic and Social Inclusion Ministry, with convivial institutions such as: Santa Marianita and Don Bosco; And, finally, with the consultation of judges, lawyers in free exercise and persons interested in adopting. After having conducted surveys and interviews, the results corroborate that the procedures within the administrative adoption process are slow. Therefore, it has been proposed to propose the preparation of a training and information program for officials, interveners and interested parties in the adoption, to provide the elements of knowledge and precise action on the process, so that the procedures are completed in a shorter time possible.