El reconocimiento de la adopción en las parejas homoparentales basados en la sentencia 683 del 2015 y el interés superior del niño

The adoption is a solemn contract, subject to judicial approval, which creates between two people similar relationships to those that would result from legitimate affiliation, so this text has as a general objective to analyze jurisprudential and doctrinal perspectives on the recognition of the adop...

Full description

Autores:
Castro Castro, Osbaldo
Gómez Monsalve, José Alfredo
Tipo de recurso:
Trabajo de grado de pregrado
Fecha de publicación:
2019
Institución:
Corporación Universidad de la Costa
Repositorio:
REDICUC - Repositorio CUC
Idioma:
spa
OAI Identifier:
oai:repositorio.cuc.edu.co:11323/6006
Acceso en línea:
https://hdl.handle.net/11323/6006
https://repositorio.cuc.edu.co/
Palabra clave:
Couple
Rights
Interest
Pareja
Derechos
Interés
Rights
openAccess
License
Attribution-NonCommercial-ShareAlike 4.0 International
Description
Summary:The adoption is a solemn contract, subject to judicial approval, which creates between two people similar relationships to those that would result from legitimate affiliation, so this text has as a general objective to analyze jurisprudential and doctrinal perspectives on the recognition of the adoption in the homoparental couples, since at the moment this has been a subject of great controversy in countries like Colombia, because the so-called same-sex couples or of homoparental families, which is not more than those families integrated by homosexual sexual orientation parents, They have been given the legal possibility of being adopters, since what prevails is the case of adoptions is the Best Interest of the Child as a primary idea, in addition to various studies supporting the idea that being good parents does not depend on how the family is structured but of the behaviors and teachings of the adopters, but not of their condition n sexual. From the methodological point of view this writing is of qualitative approach, and of bibliographic and documentary type. In relation to the final contributions of this document, it was concluded that same-sex couples, according to Colombian State bodies, such as the Constitutional Court, specify that these couples have equality against obligations and rights that they may contract at the time of their union; Therefore, no legal barrier causes must be found for the formation of a family through the adoption by these persons.