ENTRE LEIS E OLHARES: UME STUDO QUALITATIVO SOBRE A PROTEÇÃO DOSDIREITOS DASGESTANTESOPTANTESPELAENTREGAVOLUNTÁRIA

Abstract

Since the enactment of Law 13.509/2017, which regulated the voluntary relinquishment of children for adoption, the National Adoption and Foster Care System has recorded a gradual increase in the number of voluntary relinquishments nationwide. Pregnant women or mothers can initiate the process by visiting a court unit or communicating their desire to relinquish the child at any health unit where they are undergoing prenatal care, with public hospitals being the main entry points for pregnant women who make this decision. In this sense, it is necessary to investigate whether professionals in these hospitals have been conducting the care of pregnant women or postpartum women who express the desire to relinquish their child following the legal guarantees of confidentiality and non-coercion. To this end, using a field research procedure, a qualitative study was carried out, with data collected through semi-structured individual interviews with professionals working in two public maternity hospitals in the city of João Pessoa, Paraíba. The interviews aimed to verify the use of guidelines and protocols by these professionals during the care of pregnant women or postpartum women who express the desire to relinquish their child for adoption, as well as how confidentiality and legal protection are guaranteed during the voluntary relinquishment process. The research, developed after approval by the Ethics Committee, presents the results of interviews conducted with thirty-eight professionals (02 legal representatives, 04 nursing technicians, 13 nurses, 10 psychologists, 05 social workers, and 05 doctors), randomly selected in their workplaces. The information collected was analyzed using a thematic analysis technique. The professionals interviewed demonstrated knowledge of the voluntary relinquishment process and good use of guidelines and protocols. However, they reported significant challenges, especially regarding the maintenance of patient privacy. One of the main problems mentioned was the leakage of confidential data, compromising the integrity of the process and exposing pregnant women to moral and religious judgment by some professionals. This violation of privacy, coupled with issues of personal morality, prevents the procedure from being carried out in a humane and ethical manner, highlighting the need for stricter measures to protect, above all, women's rights.