Pro-government senator seeks to speed up adoption process by eliminating need for lawyers

Sainz’s intention is to add adoption trials to these exceptions “in a way that facilitates action.” Streamline the process“.

Osvaldo Vega, the group’s representative lawyer Self-appointed legal professionalssubmitting a note to the legislature expressing his reject.

Senator’s Argument for Excluding Lawyers from Adoption Trials

Under current regulations, in order to obtain an adoption decision, a child or adolescent is placed in an adoptive family and his or her identity is confirmed. An adoption trial must be initiated, in which the prospective adoptee needs legal representation.

The senator said those potential adoptive parents then have two options: “Go to co-advocate and temporary family attorneys, who are currently overwhelmed by the number of cases they handle, or seek the help of a private attorney, who will obviously be paid for his work.”

The problem, he said, is that “many families don’t have the resources to hire an attorney.” Individuals may have to save for a period of time before facing the above process, This causes a delay (often excessive delay) in the start of the action.thereby violating the principles of effective judicial protection, the best interests of the child and his or her right to an identity.”

Capital Family Court.jpg

The Family Court summons those who wish to be considered as adoptive families.

The senator from San Rafael, a physical education teacher, Understand that requiring legal representation in this case may hinder the processnot because professionals are performing poorly, but because it is yet another requirement that impedes the adoption of agility.

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Furthermore, it was noted that the judge who intervened in the adoption process was the same judge who presided over the pre-trial stage and therefore had an in-depth knowledge of the case.

With this and “particular emphasis on the best interests of children and young people”, he proposed the project.

Criticism of self-proclaimed legal professionals

This group of lawyers argued that, on the one hand, case lawyers do not collapse, do not personally collect professional fees in cash, provide convenience, and even postpone collection until the adoption trial is completed; therefore, this is not the real reason for the delay in the process.

“The adoption process is a trial and legal representation is a must”they said.

They argue that “in a fragile situation like adoption, the weakest party, the family giving up the adoption, must be accompanied throughout the process.” They argue that delays in family proceedings have nothing to do with the actions of lawyers, but rather because the justice system has failed to address its slowness and “poor functioning.”

In the family process, “professionals advocate for the most expeditious resolution possible.”

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On the other hand, regarding The need for legal work in defense trials, They also said that “adoption can lead to a sudden change in the position of people’s family status, thereby creating, changing and eliminating hereditary and extra-hereditary relationships and legal situations, which must be taken into account by adopters, which Only legal aid can be used to solve the problemwhether from the public defence ministry, ad hoc organisations or private advocates”.

The fact is, they say, No judge or administrative entity can replace the above legal advice.“This is Right to defence Protected by the national constitution.

Nevertheless, in order to protect the rights of professionals as well as adopters and children in adoptable situations, they asked the Bar Association and the Legislature not to approve Senator Sainz’s project.