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Glossary entry

Portuguese term or phrase:

afilhado civil

English translation:

foster child

Added to glossary by Todd Field
Aug 23, 2012 16:09
11 yrs ago
37 viewers *
Portuguese term

afilhado civil

Portuguese to English Law/Patents Law: Taxation & Customs
European Portuguese, from a document on taxation:

"Valores majorados em 10% por cada dependente ou afilhado civil que não seja sujeito passivo de IRS."

Looking for the legally correct/acceptable equivalent in English. Thanks in advance for your suggestions.
Proposed translations (English)
4 +1 foster child
4 minor subject to a guardianship order

Discussion

Marlene Curtis Aug 24, 2012:
True However, there is not to my ,and apparently to your knowledge, a coined expression for this type of relationship and I believe "foster child" is a good alternative according to the translation provided by the Portuguese law firm I referenced below.
Mark Robertson Aug 24, 2012:
But it is not tendencialmente permanente. The aim is to find permanent placements for foster children. When this fails, fostering becomes permanent, but by default, but never by design.
Marlene Curtis Aug 24, 2012:
Fostering may also be permanent Long-Term or Permanent Foster Care
Sometimes a child will come into foster care on what is expected to be a short-term fostering placement, but events make it impossible for the child to return home. Sometimes a family decides to long-term foster a child instead of adopting him because they anticipate that they will need a high level of support for many years and want to be sure of access to it. Sometimes an older child will come into foster care and be adamant that he doesn't want to be adopted.

Any of these reasons can lead to long-term or PERMANENT FOSTER CARE. That is, the child remains in care until he is a legal adult. Ideally a child will stay in the same home for the whole time, but unfortunately many children get moved from one placement to another every few years or even months.

http://www.fosterparenting.com/foster-care/long-term-foster-...
Mark Robertson Aug 24, 2012:
Yes you must be right about fostering, but, unlike fostering, apadrinhamento civil is "tendencialmente permanente" and not "temporary". The US Government site I linked to provides a good explanation.
Marlene Curtis Aug 24, 2012:
Fostering is the term used for temporary caregiving here in the USA. They receive a monthly allowance and are allowed to include the child in their tax returns (same as in England).
Mark Robertson Aug 24, 2012:
Guardianship appears to be the EN-US term Guardianship
Caregivers can assume legal guardianship of a child in out-of-home care without termination of parental rights, as is required for an adoption. Legal guardianship is more durable but more complex than transfer of custody to caregivers. Guardianship is most frequently used by relative caregivers who wish to provide a permanent home for the child and maintain relationships with extended family members.

http://www.childwelfare.gov/permanency/guardianship.cfm
Marlene Curtis Aug 24, 2012:
I was a foster parent in England, where I lived for 10 years, and I was allowed to include her in my income tax return. I have no more comments...
Mark Robertson Aug 24, 2012:
Fosterings always involves the oversight of some external agency in which the parental rights are vested and it seems that this is also true in the US. Apadrinhamento civil has been authoritatively explained in Portugal as a measure that lies between wardship/tutela, on the one hand, and adoption/adoção, on the other. Now, tutela, apadrinhamento and adoção have in common that the custodial adults are not the child's natural parents and that they have parental rights. Adoção creates an irrevocable child/parent link between the adopter and adoptee, while tutela and apadrinhamento create a relationship, which is revocable and subject to the courts. Tutela is more centred on the administration of the minor's asset, while apadrinhamento was introduced as an alternative to institutionalised care and even involves registration at the civil registry. The nearest analogical equivalent institution to apadrinhamento I am aware of is custodianship.
Marlene Curtis Aug 24, 2012:
Foster Child IRS definition of a Foster Child:

"Foster child. A foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction."

If this is your foster child, he is treated for Federal income tax purposes the same as if he was your son. To be your qualifying child dependent, he must meet all the same requirements that a son must meet, including having lived with you for more than 1/2 the year.

TT may have a separate Relationship category for Foster Child but only so they can ask about the placement by an authorized agency, etc

https://ttlc.intuit.com/post/show_full/aEqwnsff4r4lpkacfArOj...
Marlene Curtis Aug 23, 2012:
Afilhado civil http://www.asap.pt/ArquivoNewsletters/2011/10-Outubro/Newsle...
Mark Robertson Aug 23, 2012:
This arrangement appears to be a measure that lies between tutela on the one hand, and adoção on the other. The problem is to find an equivalent EN term.
Mark Robertson Aug 23, 2012:
IRS - Afilhados civis equiparados a filhos

O novo regime jurídico do apadrinhamento civil, recentemente aprovado, introduz alterações ao Código do Registo Civil, ao Código do Imposto sobre o Rendimento das Pessoas Singulares, à Lei de Organização e Funcionamento dos Tribunais Judiciais e ao Código Civil.

O apadrinhamento civil é uma relação jurídica, tendencialmente de carácter permanente, entre uma criança ou jovem e uma pessoa singular ou uma família que exerça os poderes e deveres próprios dos pais e que com ele estabeleçam vínculos afectivos que permitam o seu bem-estar e desenvolvimento, constituída por homologação ou decisão judicial e sujeita a registo civil.
Em sede de IRS, as citadas alterações vêm equiparar aos descendentes do sujeito passivo os seus afilhados civis. Em matéria de deduções pessoais, estabelece-se a dedução de 40% do valor da retribuição mínima mensal, por cada afilhado civil que não seja sujeito passivo deste imposto; prevendo-se, ainda, a dedução das despesas de saúde e de educação suportadas pelo sujeito passivo com o afilhado civil.

Proposed translations

+1
8 mins
Selected

foster child

IRS definition of a Foster Child:

"Foster child. A foster child is an individual who is placed with you by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction."

If this is your foster child, he is treated for Federal income tax purposes the same as if he was your son. To be your qualifying child dependent, he must meet all the same requirements that a son must meet, including having lived with you for more than 1/2 the year.

TT may have a separate Relationship category for Foster Child but only so they can ask about the placement by an authorized agency, etc

https://ttlc.intuit.com/post/show_full/aEqwnsff4r4lpkacfArOj...

[PDF]
A Antas da Cunha, Ferreira & Associados faz neste mês de Outubro ...
www.asap.pt/.../Newsletter Outubro_October%... - Translate this page
File Format: PDF/Adobe Acrobat - Quick View
minimum salary. The following may also be deducted: i) 2.5% of the value of the monthly minimum salary for each dependent or foster child (afilhado civil) who is

http://www.asap.pt/ArquivoNewsletters/2011/10-Outubro/Newsle...

--------------------------------------------------
Note added at 2 hrs (2012-08-23 18:53:38 GMT)
--------------------------------------------------

i) 2.5% of the value of the
monthly minimum salary for each dependent
or foster child (afilhado civil) who is not an
IRS taxpayer, and ii) any amounts deducted
at source in anticipation of the surtax at the
time of the payment of the 2011 Christmas
bonus.
Peer comment(s):
neutral Mark Robertson : The difference apadrinhamento civil and fostering is that the foster parent has no rights in respect of the child and is a merely responsible for day-to-day care as an agent of some authority, while a padrinho civil has some parental rights.
14 hrs
As far as I know, fostering gives the parents some rights, at least here in the USA and this is a new law in Portugal, too. That is how it was translaled by a Portuguese law firm. / https://ttlc.intuit.com/post/show_full/aEqwnsff4r4lpkacfArOj...
agree Adrian MM. (X)
1 day 1 hr
Thanks Tom!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Very interesting discussion, with lots of excellent input. Thanks so much to both of you."
20 hrs

minor subject to a guardianship order

Cf. Discussion entries
Peer comment(s):
neutral Marlene Curtis : An explanation for fostering, but not the appropriate term.
5 mins
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