Illegal adoption: they seek to put a stop to it with a law

Illegal adoption: they seek to put a stop to it with a law

The project establishes sentences of between 5 and 15 years in prison for those who are involved in the crime

Last week, a German couple residing in Paraguay was arrested when trying to cross the border from the city of Posadas to Encarnación with a newborn girl whose identity they did not have. The episode, detected by Immigration and the subject of a judicial investigation, once again set off alarms around the sale of babies, a practice that today uses a dangerous legal vacuum in the country.

To put an end to this situation, the Senate of the Nation is studying a bill sent by the Executive Power that typifies for the first time the crime of buying and selling children and adolescents in the Penal Code, establishing penalties of between 5 and 15 years of effective prison for those who participate in this illegal practice.

The initiative -which comes to fill a very important legal gap in Argentine law, such as the absence of the crimes of buying and selling children-, modifies article 139 bis of the Penal Code so that, from its sanction, punish with “prison or imprisonment from 3 to 10 years whoever facilitates, promotes or, in any way, mediates in the commission of the crimes included in articles 138 and 139”, which refer to the suppression of the identity of a minor, “whether or not he has mediated a price or remuneration promise or has threatened or abused authority.”

In addition, it doubles those sentences if the convicted person is a public official or a health professional.

The project also incorporates article 139 ter into the Penal Code to punish with “imprisonment of 5 to 15 years whoever delivers or receives a minor when he has mediated in the transfer price, remuneration promise or any other type of remuneration.”

In addition, it establishes that “those who illegitimately facilitate, promote, or in any way mediate in the foreseen behaviors will incur the same penalty even when there is no mediated price, remuneration promise or any other type of remuneration.”

“They will also suffer special disqualification for twice the time of the sentence the public official or employee, professional or health personnel, lawyer, responsible for the education or guardian of the minor, or member of organizations specialized in adoption who, in the exercise of their activity, commits or participates in any way in any of the behaviors described”, states the bill.

However, the initiative also provides that the sentence be reduced by a third of the maximum and by half of the minimum if, during the judicial process, the accused provided “useful information that allows knowing the identity of the person who received a minor, mediated, promoted or facilitated the commission” of the crime described.

In addition, “parents who provide biological material or other useful information to clarify the identity of the victim will be exempt from punishment.”

A FAILURE THAT MADE HISTORY

If the project is approved in the National Congress, the Argentine State will comply with the obligation to adapt the provisions of domestic law to international standards on human rights, established a decade ago in the “Fornerón” ruling of the Inter-American Court of Human Rights. Humans.

This ruling refers to the case of Leonardo Fornerón, whose daughter had been given up for adoption by the Entre Ríos justice system in December 2005, despite his opposition and after a process with numerous irregularities, initiated unilaterally by the girl’s mother. .

Fornerón, who was systematically denied legal channels to resolve the conflict, alleged that the girl had been “sold”, which was not investigated as a result of the fact that in our country there was no criminal offense that would allow it.

The facts of the Fornerón case, for which the Argentine State was declared internationally responsible by the Inter-American Court, “revealed the imbalances in domestic law with respect to international standards in terms of family protection, children’s rights, judicial protection and judicial guarantees contemplated in the American Convention on Human Rights

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