The extended confidentiality in the voluntary surrender of newborn children for adoption

an analysis of maternal privacy and family ties from the perspective of the superior court of justice

Abstract

This article aims to analyze the Judgment handed down by the Third Panel of the Superior Court of Justice (STJ), in the judgment of Special Appeal No. 2086404 - MG (2023/0252772-3), in 2024, when the Honorable Court, in an unprecedented manner, extended the confidentiality guaranteed to the pregnant mother, upon the voluntary surrender of the baby for adoption to the juvenile court, to the alleged father, with whom there was no formal and stable union, and to the members of the extended family, in view of the expression of free and conscious will of the pregnant woman. The mother's renunciation of parental authority and subsequent referral of the child prevents irregular adoption, abandonment in public streets, subjection to inhumane and degrading treatment resulting from abuse, and the criminal offenses of intellectual and material abandonment. Humanized delivery, therefore, is a legitimate and timely instrument for realizing the child's rights, even if the woman in labor promotes it dramatically. It became clear that the decision consolidates a protective interpretation of women's autonomy, reducing external pressure from the parent or extended family and strengthening the concept of humanized delivery as a legitimate alternative to unwanted motherhood. However, it also reveals tensions regarding the alleged father's adversarial nature and the child's right to knowledge of their origin, requiring the application of the balancing of principles technique. Research sources will be conducted through bibliographical review, case law, and documentary analysis, encompassing legislation, legal doctrine, and court decisions. The research methodology adopted will be deductive in nature, implementing the exploratory objective of the study.