A entrega voluntária de crianças para a adoção legal como um direito fundamental: instrumentos de apoio na informação, no acolhimento e na tomada de decisão da mulher

Abstract

The voluntary relinquishment of children for legal adoption represents a significant expression of a woman's right to reproductive freedom, which is constitutionally recognized as part of the principle of free family planning. Although this legal mechanism is provided for in the Brazilian Child and Adolescent Statute (ECA), its implementation is still marked by social and moral prejudice, institutional misinformation, and practical barriers. In Brazil, historical stigmas persist that associate motherhood with the essential nature of women, disregarding their autonomy in deciding not to exercise motherhood, particularly in cases of unplanned pregnancies. In this context, the present study analyzes the voluntary relinquishment of children for legal adoption as an exercise of a fundamental right of women, focusing on the support instruments available within the public health network in the State of Tocantins. The central issue investigated is the insufficient provision of information, institutional reception, and support for women who express the desire to relinquish their child for legal adoption, which hinders access to justice and the full exercise of their reproductive rights. The general objective of the research is to evaluate the existing mechanisms of care and support within the public health network of the State of Tocantins, with emphasis on the Dona Regina Hospital and Maternity, which accounts for the highest number of voluntary relinquishment cases in the judicial district of Palmas, TO. A qualitative approach was adopted in the methodology, based on a systematic literature review and documentary research. The analysis included national and international legislation, records from the Juvenile Court of the judicial district of Palmas, TO, and public health institutional protocols from states in the Northern Region of Brazil. The findings highlight the urgent need for regulatory frameworks and technical guidelines regarding the legal and humanized procedure of child relinquishment, as well as the training of health professionals to act with ethics, respect, and confidentiality. As practical outcomes, three products were developed: a draft of Technical Recommendations on legal and humanized child relinquishment in the state health system; an educational podcast on the topic, entitled “Paths of Love: Dialogues on Adoption and Voluntary Relinquishment”; and abook chapter analyzing voluntary relinquishment as an expression of women’s reproductive autonomy. The main conclusion of the study is that the voluntary relinquishment of children for legal adoption, when carried out based on access to information, welcoming environments, qualified listening, and the absence of judgment, constitutes a legitimate manifestation of the fundamental right to reproductive self- determination. The lack of specific public policies, standardized protocols, and intersectoral actions within the health and justice systems prevents the full exercise of this right, fostering irregular practices and exacerbating the social vulnerability of these women. The research therefore proposes concrete measures for institutional improvement and the promotion of women’s human rights, aiming at the consolidation of a legal, ethical, safe, and humanized model for the voluntary relinquishment procedure