Court Acts Before Birth in Adoption Case

Court 2 on Family, Children, Adolescents, Violence and Juvenile Criminal Matters of the Third Judicial District of the Province of San Luis intervened in an adoption proceeding before a child was born. The intervention followed a report from the Single Registry of Adoption Candidates of the Third Judicial District of the Province of San Luis (RUA), which highlighted the mother’s vulnerable situation and her decision to place the unborn child for adoption.

The Court issued preparatory measures—including assessments by expert teams—to ensure that the mother’s decision was taken freely, in full knowledge of the facts, and was sustained over time. The teams also provided professional support and advice.

Although article 607 of the Argentine Civil and Commercial Code establishes that a parents’ decision to give a child up for adoption is only valid 45 days after the date of birth, the Court in this case noted that the article does not prohibit taking preparatory measures during the pregnancy, if the circumstances require so.

Consequently, the Court took steps to select applicants registered in the RUA and granted provisional guardianship as a preliminary measure, subject to the child being born alive and the mother’s subsequent ratification within the legal timeframe.

The decision also included measures to safeguard the woman’s privacy during childbirth and ordered the hospital to ensure respectful treatment and prevent any situation that might lead to her re-victimization.

Once the legal proceedings had been completed, and after the technical teams’ monitoring, the Court granted the child’s full adoption, highlighting the strengthening of the family bond and the satisfactory progress of the pre-adoption care process.