Pre-adoptive Guardianship

This paper analyses the case of the revocation of pre-adoptive guardianship due to the repentance of the biological mother-father in the light of the legislation, doctrine and the principles that regulate the institute. A detailed description is made of the legislation defining the analysis of the legal institute of adoption considered as an institution of private law founded on an act of will of the adopter and born of the decision of the judge, by virtue of which a relationship analogous to legitimate filiation is established between two persons. The analysis of national, international and provincial jurisprudence, in addition to the definition of the rules of comparative law, makes it possible to establish the bases that support the possibility of revoking the guardianship of the child due to the repentance of the biological parents, in the face of the rights of the adopting family and the conciliation of the best interests of the child.