Abstract

CHAPARRO PIEDRAHITA, Laura Juliana  and  GUZMAN MUNOZ, Yudy Marcela. Homoparental adoption: Study of comparative law from the perspectives of the latin american countries that have approved it. rev.ces derecho [online]. 2017, vol.8, n.2, pp.267-297. ISSN 2145-7719.

Abstract The following article presents a study of comparative law on homoparental adoption in the Latin American countries that have approved this institution (Argentina, the Federal States of Mexico City, Coahuila, Campeche, Colima, Michoacán and Morelos in Mexico, Brazil, Uruguay and Colombia), with the purpose of identifying the legislative and jurisprudential changes derived from its approval, and in the case of Colombia, observe the development that the constitutional jurisprudence has made up to its recognition, through the court ruling number C-683 of 2015, allowing same-sex couples in our country to adopt. This is a relevant change in the argumentative line that the Constitutional Court had developed until then, although it keeps open the discussions that revolve around this issue. Some cases like Atala Riffo and Girls vs. Chile unleashed in the Inter-American Court of Human Rights and the reflections that it contributes to the debate on homoparental adoption in the continent. This work aims to highlight all those legal reasons that have been the subject of discussion in Latin American countries that have approved homoparentality as an academic exercise that allows us to better understand the scope of this right in our continent.

Keywords : Homoparentalidad; población LGBTI; derecho comparado; jurisprudencia constitucional.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )