La contradicción en la improcedencia de la adopción homoparental

With the approval of same-sex marriage, by sentence of the Constitutional Court No. 11-18-CN/19, a problem arises regarding the related rights inherent to the solemn pact between spouses. One of them is adoption, which is expressly defined for opposite-sex couples in the constitutional norm. This research seeks to analyze the inadmissibility and denial of access to adoption for same-sex couples on the requirement imposed by law to the applicants to be heterosexual, which generates a contradiction in Articles 67 and 68 of the Constitution, as well as in some articles of the Code of Childhood and Adolescence and the Civil Code. Throughout this research, the main aspects of same-sex parenting, the perspective of the child as a subject of rights, the theory of adoption as a false right, and the suitability of same-sex adopters were detailed. In addition, a conceptual framework with the most relevant terms was developed, and the legal and jurisprudential aspects were reviewed. The methodology used a predominantly qualitative approach based on a non-experimental, exploratory, descriptive, cross-sectional or transversal design. It is concluded that such a contradiction does exist to impose a moralistic criterion above the superior principles of the child. This criterion deviates from legal exegetics by conceiving adoption as a mere formality and not as an authentic right of minors to have parent figures that contribute to their holistic development

Humanities · Political science · Data Privacy and Cybersecurity · Family and Matrimonial Law · Philosophy