Student: Nadia Citlalli García Balderas

Date: 24/04/2021
First draft
LGBT Adoption
The issue being discussed is controversial in various aspects, adoption by
homosexual couples, and the relationship basically established with children in this
type of family. The controversy about adoption by homosexuals produces intense
and polarized reactions, almost no one remains impassive. Various cultures
studied by anthropologists incorporate homosexual rituals, such as the transition to
adulthood; attitudes toward homosexuality oscillate between horror and
excitement. Homosexuality as such has not always been a persecuted or rejected
phenomenon, since there were cultures that integrated love and sexual
relationships between people of the same sex within their emotional horizon,
Greece, for example.
Homoparentality began to be approved in different states of the world as of 2002,
in Sweden and South Africa; later in Spain in 2005, Iceland and Belgium in 2006
and Norway in 2009. On our continent, the adoption of same-sex couples within
the framework of laws that said nothing in this regard had been presented through
cases of single-person adoption integrative of the biological adoptive child of a
person whose same-sex partner claims to have a filial bond through this institution;
this form of adoption is still legal in countries like Costa Rica and Chile.
However, in 2016, Argentina, the Federal States of Mexico City, Coahuila,
Michoacán, Campeche, Colima, and Morelos, in Mexico and Uruguay approved
the institution of adoption between same-sex couples; This decision arose as a
result of the approval of an equal marriage law, which generated a series of
modifications in its civil codes, thus allowing homosexual couples to adopt. On the
other hand, Brazil does not have an equal marriage law that extends to
homosexual couples the personal rights derived from a marriage, including the
possibility of adopting, much less a law that approves the figure of homoparental
adoption; In this country, decisions have been made through the courts, as the
Supreme Federal Court has resolved several cases in which it has set an important
precedent, by allowing homosexual people to continue adopting minors.
In this country, since 2009 a debate began about the true concept of family. On
December 21, 2009, the Plenary of the Federal District Legislative Assembly
approved the reform of the Civil Code and the Code of Civil Procedures allowing
marriage between persons of the same sex, since this right cannot be restricted as
a result of the orientation sexual. This reform eliminated the concept of man and
woman as the basis of marriage. Furthermore, as a consequence of the approval
of this figure, an amendment to Article 391 was also approved to eliminate the
impossibility of adopting spouses or common-law partners of the same sex.
The new article indicates that: Spouses or common-law partners may adopt, when
both agree to consider the adopted child as a child and even if only one of them
Teacher: Claudia Norali Bucio Sánchez
9th Semester
UMSNH
Saturday
Student: Nadia Citlalli García Balderas
Date: 24/04/2021
First draft
meets the age requirement (...) but as long as the age difference between any of
the the adopters and the adoptee is at least seventeen years old.
According to the present time, in the law 11/2001 of December 19, de facto unions
of the C.A.M., in article 2, the personal requirements to be able to constitute as a
de facto couple are indicated. According to this law, there is no impediment for two
people of the same sex to become a common-law couple. Currently there are in
Mexico City at least three lesbian-gay couples who have succeeded in adopting
infants through legal processes undertaken in the System for the Integral
Development of the Family of the Federal District (DIF) and one more in the
Attorney General's Office of Capital Justice (PGJDF).
This does not mean that they are the only ones who have agreed to pater-
maternity by adoption, but they are the ones who have legally undertaken a
process before said instances, hoping that one or some judge of the family, after
deliberating and checking the information on adoptive fathers or mothers, grant
their ruling in favor of their application, always giving priority to the best interests of
children without parental care and guaranteeing the rights of these couples.
Perhaps the people of the LGBTTTI community need to assimilate it, but the option
is already there. The fact that there are not many adoption requests after three
years of the modifications to the local Civil Code responds, among other reasons,
to social homophobia and the idea that homosexual people cannot be responsible
for the education of girls or boys. children. In Mexico there are no extensive studies
that can refute this argument, but there are in countries such as Spain or the
United States. In the latter, in 2007, through the research Adolescent with Same-
sex Parentes: Findings from the National Longitudinal Study of Adolescent
Health13 it was concluded that in all the parameters that were studied, no
significant differences were found between the development of adolescents with
families of same-sex parents and those of heterosexual parents.
Meanwhile, the psychotherapist Alberto Tarriño, from Spain, explains that in cases
where LGBTTTI maternity or paternity has materialized, it is because the couples
have gone through a period of reflection. That is to say, that “they have had to
prepare more time and rationally for the moment of motherhood or fatherhood,
which has allowed them to anticipate negative situations and to anticipate both the
desirable emotional response for that moment, as well as the tools or solutions for
potential problems". And he asserts: "I do not mean to say that the rest of the
families do not reflect on their paternity, but homoparental families can never be so
due to an oversight".
To the above reasoning is added the contexts of discrimination that LGBTTTI
people experience in some regions of our country. In this regard, it is enough to
review the National Survey on Discrimination in Mexico (Enadis) 2010, which
Teacher: Claudia Norali Bucio Sánchez
9th Semester
UMSNH
Saturday
Student: Nadia Citlalli García Balderas
Date: 24/04/2021
First draft
states that seven out of 10 people at the national level strongly disagree and
disagree with the fact that people of the same sex adopt girls or boys. In
Guadalajara, Jalisco, 7.8 out of 10 people indicated they disagree; in Monterrey,
Nuevo León, 6.8 and in Mexico City 6.7.
In summary, we could say that although theoretically there are arguments to justify
the possible difficulties that may arise in the adoption of a minor by a homosexual
couple (sexual identity), the reality that is presented to us and the studies carried
out show very different aspects.
The countries that until 2020 that approved the law of homoparental adoption are
the following.
 Germany.
 Andorra
 Argentina
 Australia
 Austria
 Belgium
 Brazil
 Canada
 Colombia
 Costa Risa
 Denmark
 Spain
 USA
 Finland
 France
 Ireland
 Iceland
 Israel
 Luxembourg
 Malt
 Mexico
 Norway
 New Zealand
 Netherlands
 Portugal
 United Kingdom
 South Africa
 Switzerland
Teacher: Claudia Norali Bucio Sánchez
9th Semester
UMSNH
Saturday
Student: Nadia Citlalli García Balderas
Date: 24/04/2021
First draft
 Uruguay
On the one hand, it should be noted that the minor in most cases may have other
important attachment figures in their evolutionary development (grandparent,
uncle, friend ...) with which to establish a sexual identification. Furthermore, it also
seems that at present there is a tendency towards a less sharp division of the
feminine and masculine roles, because there is a greater degree of flexibility and
overlap. We educate minors in this line trying to integrate roles and heading
towards a more androgynous society and more adapted to the current situation. On
the other hand, ideology itself and prejudices should not stop the development and
acceptance of a real situation such as the coexistence of minors with people of the
same sex.
In the aforementioned studies, it is confirmed that minors can develop adequately
in a family made up of two members of the same sex without this having a negative
impact on their development. We can also point out that there is a more recent
current of thought, which maintains that it is possible that there are different paths
of development of sexual identity, for example, a boy who grows up with his mother
can develop masculinity simply because she treats him like a man.

Teacher: Claudia Norali Bucio Sánchez

9th Semester
UMSNH
Saturday