Brazilian justice bans adoption refusals based on sexual orientation

Members of the National Council of Justice have approved a resolution preventing judges and magistrates from refusing requests for adoption or guardianship of children and adolescents on the grounds that the applicants are a homosexual or transgender couple. This measure, which will come into force as soon as it is published, also applies to individuals without partners seeking to form a single-parent family. 

Advocated by Councillor Richard Pae Kim, the resolution requires courts of justice and magistrates to ensure equal rights, combating any form of discrimination based on sexual orientation and gender identity, and refraining from denying adoption requests based solely on these grounds. 

The National Council of Justice, responsible for fostering and disseminating practices that improve the services of the bodies of the Judiciary, responded to a proposal by Senator Fabiano Contarato. In August of this year, the National Council of the Public Prosecutor's Office had unanimously accepted the senator's request to prohibit members of the Public Prosecutor's Office from opposing the adoption of children and adolescents based on the sexual orientation of the prospective adopters.  

"What motivated me to [present] this representation was that, when I adopted my first child, a member of the Public Prosecutor's Office said he was against it because [a] child can only have a father and a mother. Even worse, in the words of the prosecutor, two mothers," said Contarato, who was invited to speak in the plenary after the resolution was approved during the ordinary session of the National Council of Justice on Tuesday (Nov. 14). 

Arguments 

"The National Council of Justice and the National Council of the Public Prosecutor's Office are embodying a constitutional imperative centered on the dignity of the human person. This constitutional mandate, articulated in Article 3, underscores that one of the fundamental principles of the Federative Republic of Brazil is to foster the well-being of all and eradicate all forms of discrimination. We must fight for a society that is effectively more just, fraternal, and egalitarian. Democracy falters in the face of rights violations, sexism, racism, homophobia, misogyny, and xenophobia," asserted the parliamentarian in conclusion. 

Justice Luís Roberto Barroso, National Council of Justice head and Supreme Federal Court presiding officer, announced the approval, affirming that the Judiciary "has a firm position against all types of discrimination, including in relation to homosexual individuals."