Maternity in women with intellectual or mental disabilities. Legal conflicts over the adoption of their children

Abstract

The aim of this  article  is to analyze  some of the arguments expressed in  those  judicial proceedings that declare the adoptability of children born to mothers with mental or intellectual disabilities.  Furthermore,  I will  set forth  the precautions that, in my  opinion,  should be taken into account in these processes before determining such adoptions. In addition, three Argentine judicial sentences that explain the classic tension in this matter will be exposed:  on the one hand,  the effort to keep the  family of origin  together  and,  on the other, the search for adoptive parents to guarantee the best interest of the child.  Finally, the question as to which of those reasonable supports could be offered to exercise motherhood  will be set out.