Adopción homoparental desde el interés superior del niño y el derecho a la igualdad.

Abstract

Every person and every child have the right to grow in a family, reality is full of families that don’t fit in what we conceive as “natural order”, from single mothers and fathers to uncles, aunts or grandparents that take charge of raising a child. The “male and female” configuration is actually irrelevant, what is really important is the economic and emotional support, as well as the transmission of knowledge and values given to them. Despite that, Code of Childhood and Adolescence’s article 159 stablishes as a requirement, that couples that want to adopt must be heterosexuals. If what is really sought is to defend the family as an institution and the best interest of the child, conditioning it to a supposed “natural order”, besides being discriminatory, limits everyone’s possibility to have one. This research paper is aimed at demonstrating that, far from being detrimental, homoparental adoption may positively affect the lives of many children, looking out for their best interests and due to that, propose a reform to the adoption system in order to guarantee its access to everyone without any kind of discrimination.