Homoparental adoption, controversies in the social sphere and scope in the legal framework
To be able to talk about homoparental adoption, it is necessary to establish a concept about what is a homoparental family?, Ochaíta and Ángeles (2018) claim that it is where “the parenting functions are made by two same -sex adults that maintain a relationship” (P.15), in Colombia these partners can form a marital union in fact according to Judgment C-075 of 2007, in addition the Constitutional Court defined the family as “the community of persons related to each other by legal or natural links, which founds itsExistence in respect, solidarity and love ”(Judgment C – 821 of 2005, M.P.: Rodrigo Escobar Gil); Another concept which must be covered is adoption, which according to article 61 of Law 1098 of 2006 “adoption is mainly and par excellence, a measure of protection through which, under the supreme surveillance of the State, it is It establishes, irrevocably, the subsidiary relationship between people who do not have it by nature ”, once these basic issues have been defined, the main question is why homoparental adoption is such a controversial issue in Colombia?
In Colombia, the theme on adoption by same -sex couples generates great controversies, since it is an issue that creates different positions where most of them contain value judgments of a religious nature or opinions of a moral nature, about whether it is viable or not that this adoption occurs and the effects that can be generated in children and adolescents (NNA), thus causing different questions and issues, such as: Is it necessary that there is a paternal figure and a maternal?, Will it at any time become bullying object?, Throughout its upbringing psychological problems will be developed?, Does it influence your gender identity and sexual orientation?, Do they tend to be victims of sexual abuse?, To solve these doubts, it is necessary to refer to Colombian legislation and world literature.
The first crucial question that arises about this issue, is whether or not there is a father figure or either a maternal figure within these families, according to an investigation by Tasker, Golombok and Murray, (1997) where He took 72 families as an object of study, (42) heteroparental and (30) homoparental to resolve this doubt and concluded that the children of homoparental families do not present any damage in their growth and development, since these homoparental families due to the fact of That they know what they face, they prepare to solve these controversies and thus grant the quality of life that the child and adolescent needs; On the other hand, another frequent question is if you can suffer from bullying, several investigations such as those carried out by Patterson and Wainright, (2008) or Golombok and Tasker, (1997) have revealed that they do become the focus of teasing, but of the same way is presented in the children of heteroparental families, that is, family composition does not influence the fact that children are mocked, but rather influences the social sphere in which they are found.
Another crucial question that arises from this topic is about whether along its upbring10 and 17 years, in which the result was favorable and the children of homoparental families proved to be psychologically healthy and have better forms of sociability;On the other hand, there is the controversy about whether the family’s composition has an impact on its sexual orientation or gender identity, to controversw. Farr, Samuel T. Bruun, Kathleen M. Doss and Charlotte J. Patterson, this study was based on 106 children of both heteroparental and homoparental families, the way to do it was the choice of toys, this from the preschool stage and later in the school stage, the result of this study is that it does not influenceThe family’s composition for the development of the child, since most children followed traditional stereotypes when choosing toys.
Finally there is the controversy of great impact on whether these children and adolescents are more likely to be victims of sexual abuse, according to an investigation carried out by Poyer, Jenny and Roesler (1994), where the scope of application was in a hospitalAs children, where they found that 352 patients admitted suspected of having suffered sexual abuse with average age of six years, at the end of the study it was found that 352, 35 had never been sexually abused, 9 cases where the abuser had not been recognized,In 2 cases the culprit was homosexual and in 74 cases they were caused by other minors, in the other 222 cases the person in charge was someone heterosexual near the family, therefore, it is not that there is a higher risk being in a heteroparental familyor in a homoparental, but that risk occurs equally in any social sphere. Once the stereotypes that occur in the social spheres have been resolved, it is important to investigate the legal scopes that have been made with respect to this issue in Colombia.
The family issue is enshrined in article 42 of the Political Constitution of Colombia by establishing that the family is an essential nucleus of society and that it is made up of a man and a woman, but thanks to Judgment C-577 of 2011.It extended the meaning of family where it establishes that it can be constituted by people of the same sex, thus covering that from the constitution of a family the principle of human dignity could be developed, since from that is where minors evolve their social, physical skillsand psychic regardless of whether it is adoptive or biological family, on the other hand the fact that before families could only be constituted by a man or a woman limited that hundreds of minors were adopted, according to the Colombian Institute for Family Welfare (2018),There were about eleven thousand children who had the adoptability qualities of which only 10% became adopted.
Law 1098 of 2006 issued the Code of Children and Adolescents, which aims to: guarantee children and adolescents their full and harmonious development to grow within the family and community, in the community, inAn atmosphere of happiness, love and understanding. Recognition of human equality and dignity will prevail, without discrimination, (Law No. 1098, Official Gazette no. 46.446 of November 8, 2006).
In order to ensure compliance with the provisions, it is necessary that in all procedures for adoption and location of prime households the interest of the child and adolescent, the Colombian Institute for Family Welfare (ICBF) must be responsible for conducting studies and revisionsnecessary to demonstrate that parents who are going to host the child and adolescent have the physical, mental, social and moral capacities to favor and allow adequate development and positively influence physical, moral, moral and psychological growth and well -being;In addition, characteristics such as: the ability to link, sociability patterns and parenting practices should be verified.
These reviews and studies are done under four aspects: moral capacity, physical faculties, social virtues and mental suitability; In the verification of the physical faculties, the physical health of the adopters must November 8, 2009), therefore, to review the moral capacities, the guarantees that people willing to adopt for the integral growth and ethical development of the minor in society should be considered; About mental suitability corresponds to review the particular qualities that indicate that people willing to adopt have adequate mental health, which allows to offer a safe bond, the indispensable psychosocial conditions to assume the respective care and an adequate environment; Finally, in the social virtues it must be observed that it complies with the individual qualities, either in the social, family, cultural and economic sphere and must also have sufficient aptitude to provide due parental care where the minor is provided with an environment an environment healthy (Dantagna and Barudy (2005)).
Finally, the Constitutional Court spoke about the homoparental adoption in Judgment C-683 of 2015 which allows same-sex couples to be enabled to adopt, thanks to this it is possible that four guiding principles be fulfilled more thoroughly to achieve thePrevalence of the rights of children and adolescents, which are: the best interest, equality, non -discrimination and co -responsibility;With respect to the best interest, the Constitutional Court in Judgment C-092 of 2002 defined this principle as “the legal prevalence that is granted to minors, in order to give them a preferential treatment. This prevalence is of superior application, therefore coercible and mandatory compliance and compliance ”.
The principles of equality and non -discrimination go hand in2 of the Convention on the Rights of Children and the Principle of the co -responsibility agreed in article 10 of Law 1098 of 2006 where it establishes that those responsible for ensuring the full and effective fulfillment of the rights of girls, boys, boysand adolescents will be the state, society and family;These four principles are fundamental basis for comprehensive protection and their proper satisfaction and compliance achieves the construction of an optimal system where “the four actions surrounding the rights, which are: the guarantee, prevention, restoration and recognition” are completed ”. (Acevedo, C. Marín, c. Heredia, q. Gómez, v. Múnera, Rúa. Straps. and Medina (2017).
In conclusion in Colombia they continue and will continue controversial regarding the issue of homoparental adoption, since Christian and Catholic communities continue influenced by religions and in some cases that allowing this will affect children who are adopted by same -sex couples, but once denied stereotypes based on solved speculations thanks to various research and studies that allow clarifying that instead of being a Problem, before is a solution for the exercise of the right of integral protection of children and adolescents and that there are several favorable pronouncements of the Colombian Constitutional Court with respect to the adoption by same -sex couples mentioned throughout the work, it is time for taboo generated in the country by passing years to be left behind in order to allow minorities to also exercise their rights, which they have acquired slowly, but importantly and have also conquered both international and national legal organizations demanding equal and zero discrimination treatment by opening the way recognition of social realities.
References
- BARUDY, J. And Dantagnan, M. (2010). The invisible challenges of being a parent. Competency evaluation manual and parental resilience. Barcelona, Spain: Editorial Gedisa, S.A.
- Benedetti, v. (2018). Senate bill, through which Law 1098 of 2006 is amended in relation to the measure of adoption and other provisions are issued. Recovered from http: // laws.senate.GOV.CO/PROJECTS/IMAGES/DOCUMENTS/TEXTS%20RADICADOS/PROJECTS%20 DE%20LEY/2018%20-%202019/PL%20022-18%20ADOPTION.PDF
- Ochaíta and Espinosa (2018). Children and adolescents in homoparental families. An analysis from the perspective of fathers and mothers. Recovered from https: // repository.UAM.es/Bitstream/Handle/10486/661757/agustin_ruiz_santiago.PDF?sequence = 1
- Colombian College of Psychologists (Colpsic) (2014) Effects of homoparental adoption on the integral development of the child or adolescent in Colombia. Recovered from http: // www.Homeland.com/Blogs/Sexologia-al-Dia/Effects-of-the-Para-for-Del-Mismism-Sexo
- Acevedo, c. Marín, c. Heredia, q. Gómez, v. Múnera, Rúa. Straps. and Medina (2017). Homoparental adoption in Colombia: legal budgets and analysis of mental suitability. Recovered from https: // www.Redalyc.org/Jatsrepo/3150/3154787008/html/index.HTML#B6
- Rengifo, r. (2017). Homoparental adoption in Colombia: conceptual and jurisprudential considerations. Recovered from http: // magazines.UGCA.Edu.CO/INDEX.PHP/INCISO/ARTICLE/VIEWFILE/805/1216
- Westhoff (2017). Children of homoparental families What do studies say?. Recovered from https: // www.ELDEFINIDO.CL/CURRENT/WORLD/8939/CHILDREN-OF-FAMILIAS-HOMARENTALES-WHICH-SALE-THE-STUDIES/
- Hernández, g. (2015). Homoparental adoption in Colombia. Recovered from https: // repository.You.Edu.CO/BITSTREAM/HANDLE/11407/2197/TG_DERCHO_14.PDF?sequence = 1
- Law No. 1098, Official Gazette no. 46.446 of November 8, 2006.
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