May 092013
 
Adopção por casais gay volta ao Parlamento, advogados defendem chumbo

Bar Association refused adoption by families where "a man makes a woman makes mother and father."

Does not mean that all couples consisting of people of the same sex are likely to be able to adopt children. It just means "to safeguard the future, the welfare and safety" of children "already living their days in gay families." How? The member of the couple is not the father should be able to adopt the child of his companion. The proposal is the PS. Next week Parliament debate the issue.

The Left Bloc (BE) goes further. And, as a year ago, back asking that gay couples can adopt the same circumstances that everyone, inside or outside the family. Currently, under the law, two people of the same sex can marry. But they can not adopt a child as a couple.

But let's parties. PS argues in its proposal the following: imagine "a child raised by two married men up to age 10, dying on that date the biological father in an accident." He continues: "That child, which does not distinguish any level either parent, has not, however, the most tenuous legal relationship with, for himself, surviving parent. Can even be torn from her arms by the family of the deceased parent, even if it has not had any contact with her throughout her life. "

"How is it that the right does not, at least, this blindness to what already exists?" Questions the preamble of the statute. PS The idea is thus to extend to couples consisting of people of the same sex the legal possibility that already exists for couples consisting of people of different sexes: the member of the couple who is not the parent is able to adopt the child on the which his companion (biological father or adoptive) exercises parental power.

Started last summer, the process in order to change the law includes several opinions requested by the Commission for Constitutional Affairs. One is the Bar Association (OA), which shows explicitly against this proposal.

The chairman Marinho Pinto writes: "The same-sex couples have many rights, many of which, unfortunately, are not even acknowledged," but "do not have, surely (or should have) the right to adopt, because this alleged right collides frontally with the right of children to be adopted by a natural family. " And a "natural family," according to OA, is this: "A family consisting of a father (man) and mother (woman) and not a man to do a woman's mother or father to do."

The opinion of the Bar argues, moreover, that the socialist proposal constitutes a "saw something winding partially overcome the rejection of a bill of the Left Bloc aimed at the total elimination of the legal impossibility of adoption by same-sex couples . "

OA refers to proposals already this term by BE and sinkers were generally on 24 February last year. Proposals will again be discussed and voted along with the diploma PS tomorrow.

As in February, the BE goes further than the PS. Just want an end to the ban on any type of adoption homoparental - specifically blocked in the 2010 law approving marriage between persons of the same sex - and the possibility of these couples may be candidates for civil patronage. "There is no right in half," argues Ms Cecilia Honorius.

Mrs A recalls that, until recently, Portugal was considered a "bad example" by the European Court of Human Rights "by discrimination that remains on co-adoption" - that, in a judgment that Austria was condemned by preventing a lesbian adopt the child of the partner with whom he lived for years. Even if your proposal is sinker, EB intends to "expand the space for debate" this issue.

Already PS says it wants to "revisit issues such as extending the institution of adoption." Will, however, noting that all existing research and the academies of professionals from various areas (Pediatrics, Medicine, Psychology ...) "claim, beyond doubt" that "the emotional and social development" of children does not depend on the orientation whom sexual education.

Another opinion, the Superior Council of Magistracy (CSM), remember that to be approved, the proposed PS would "necessarily" the end of the ban on adoption by gay couples.

Pedro Delgado Alves, underwriter of the proposal, disagrees. "A comparative law analysis would show that there are countries where co-adoption is possible, but where the law does not provide that these couples can apply to adopt" children who are in the adoption system. Moreover, believes that Members of PS in the past voted against adoption by gay couples will now vote in favor of this proposal, which aims to "only" solve a problem "deprotection" total of some children.

SANCHES ANDREIA

Adoption by gay couples back to parliament, lawyers argue Lead - PUBLIC

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