her biological father to be recognized as such and to recover her for himself and for his
family.
160. Based on the above, the Court finds it necessary that, as a measure of reparation,
the State must establish immediately a procedure designed to establish a bond between Mr.
Fornerón and his daughter. This involves a process of bringing them together gradually in
order to start building a relationship between the father and daughter who, in almost 12
years, have only met once for about 45 minutes. This process should be a mechanism for M
and her father to establish a bond by means of periodic meetings and should be designed so
that, in the future, they can develop and exercise their family rights, such as the right to
live together, without this implying a conflict with the adoptive family of M. This process
should observe the following guidelines.
Appointment of one or more experts
161. First, the bonding process should be guided and implemented by one or more
professional with expertise in this area. The State must appoint the said expert or set up a
team immediately and, if it creates a team, appoint one person to be in charge of it who,
without delay, should develop and implement a plan of action. In addition, the State must
ensure the impartiality and aptness of the expert or experts who take part in the bonding
process, and they must be made aware of this Judgment as well as all other relevant
circumstances regarding what happened to Mr. Fornerón and his daughter.
Therapeutic support
162. Second, the State must provide permanent therapeutic support to Mr. Fornerón and
the child M, if they so wish. In addition, this assistance should be made available,
obligatorily, at the times immediately before and after any meetings between father and
daughter and, if necessary, at their request, during such meetings.
Provision of material resources and conditions
163. Third, the State must guarantee and provide all the material resources and
conditions determined by the experts in order to create the bonding process and to facilitate
the visits or meetings between father and daughter including, among other aspects, time off
work, travel expenses, board and lodging for Mr. Fornerón and, eventually, for the child;
appropriate physical spaces if required, and any other resource that may be necessary.
Adoption of other measures
164. Fourth, the State must adopt all judicial, legal and administrative measures to allow
the bonding process to take place, and also remove any obstacle that prevent it. In
particular, the State must adopt the necessary measures to ensure that, for the well-being
of the child and the appropriate development of the bonding process, the adoptive family of
the child M facilitate, collaborate and participate in the process.
Consideration of the wishes and opinion of M
165. Fifth, considering the essential role of children in any decision that affects their life,
the experts in charge of the bonding process must ensure that M is aware of her rights and
take into account her wishes and opinion, based on her level of development and personal
autonomy at all times, regardless of third party interests or interference.
45
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents