New Law May Prohibit Adoption By Homosexual Couples In Brazil

The processing of a new law in the National Congress prohibiting adoption by homosexual couples is making headlines in Brazil this week, and as much as I try to steer away from politics on the blog, I could not let this issue pass by unnoticed.

The Brazilian legislation currently does not refer to sexuality in the adoption process, and each adoption case is judged separately in a Court of Law. This new law aims to legally prohibit adoption by homosexual couples by stating that homosexual couples are not able to constitute a family, and that a child adopted by two homosexual parents is subject to  embarrassment and harassment growing up.

In a country with over 5,200 children in its adoption database, not only do I find it offensive that the National Congress would consider a homosexual couple unfit to raise a child, but I also consider it a threat against human rights in general, and more specifically against the national statutes for children and adolescents (which you can read in full here). According to those statutes, a couple is legally allowed to adopt a child in this country as long as they are legally married or bound by a civil union.

With so many children in this country in need of a home, education, and loving parents, is is disheartening to think that some people are trying to make the adoption process even more complicated and to lowerthe chances of those children to find a family.

I will make sure to keep you updated on the proceedings of this new law, and use the space I have here on the blog to fight it as much as I can.

Fyi, in April of this year a lesbian couple was given joint custody of two children in Rio Grande do Sul.


Of course the Catholic church is the one opposing gay couples from adopting! What ever happened to separation of church and state?
Who is the church to say what makes up a family? I'm Brazilian but I am not Catholic, why should my rights change because some religion wants to force their beliefs onto every single citizen? Brazilian law doesn't define a family as a man and a woman, and it should stay that way.
I wonder what the bishop on the video would have to say about single parents... after all he says that kids can only grow up to be normal if they have both a mom and a dad. He seems to be belittling a huge part of society there, and not just gays.
It just baffles me to think that these people believe Jesus would rather see orphaned or abandoned kids homeless than with loving, caring parents.

". . . a child adopted by two homosexual parents is subject to embarrassment and harassment growing up."

When the religious opposition to LGBT adoption rights use this argument, it makes me furious because, gee, who do you think is going to cause the embarrassment and the harassment? In other words, they're argument: "We need to keep those evil homosexuals from adopting to protect those children from us!"

Hypocrisy knows no bounds.

Any such law should most certainly be considered as unconstitutional by the Supreme Court.

I do not want to discuss the principle of equality here because that is a subject for an essay to say the least, however congressmen should remember the purpose of civil law, which, as opposed to criminal law, is supposed to grant and not to ban rights from its citizens.

Even more so when it is based on mere morals.

Let us not forget that the Superior Court of Justice has recently pronounced itself on the matter allowing a homosexual couple from Rio Grande do Sul to register a child as their own.

As a Christian myself I respect the firm opinion of the Catholic church on the matter, but I would recommend it to seriously consider refraining from political and legal advisory as our Constitution expressly established a secular State.

It embarasses me to see a bishop publicly stand for a prejudicial restriction of rights. No wonder Pope Pius XII stood silent during nazism.

As a lawyer I'm even more embarassed to see the Congress trample the Constitution by discussing a restrictive law based on a subjective criteria other than objectivity.

That's a problem all over the world. Ignorance is always going to be present, the problem is that this ignorance is also part of the people that vow those narrow-minded politicians. It's a cycle, they convince each other from a powerful position in State and then people like to be convinced that they're repairing the world through these laws.

Homophobia is not going to disappear only with laws against or in favor of homosexual marriage and adoption, it has to come from powerful positions in society and politics. Otherwise we'll continue the same...

Sometimes, we just can't get away from politics and I am glad you posted this. This is very disturbing. No, it is INFURIATING! The audacity of the Catholic Church know no bounds! Beware, though. It is not just the Catholics. Brasil has a thriving evangelical movement and there are no more hateful, spiteful, vile people than evangelical christians. I would surmise that the Mormons are also involved. All three of these groups will be lobbying heavily in Brasil's Congress. I pray that they fail. Please keep us posted on this. Thank you.

i just wonder why no coverage at all on the passing of the gay marriage law in Argentina. it could be a good benchmark/example for Brazil. I am well aware of the rivalry between both countries, yet to completely ignore it was kind of a surprise to me. Made in Brazil's Gay Politics should have briefly mentioned it at least. maybe it was more important to comment on Mr. Brazil contest than on what I call the most important politial mive for South American gays in centuries.

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