THE PORTUGUESE "SPECIAL GUARDIANSHIP" - SOME THOUGHTS REGARDING THE CHILD’S SUPERIOR INTEREST
It is difficult to give a definition of «family» since it is constantly changing. The notion of «family» evolves over time and the law has to be able to develop as well. Also, it has to have the ability to embrace new family forms that arise from the need to provide new solutions, especially for children in need. One of these new forms of family is the Portuguese «special guardianship» («apadrinhamento civil») which entails the child’s superior interest by providing a family upbringing with the guardians and, at the same time, also allows the child to maintain a tie with the biological family. It is a different legal form from adoption and is intended to help children - who can’t live with their biological families - to have a friendly family environment to grow up with. The legal outline of the special guardianship presents the requirements and the legal effects of this new family form.