Homoparental adoption in Spain and Latin America

30 Sep · Co-parenting, Legality

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In 2005, Spain became one of the pioneer countries in legalizing same-sex marriage. In turn, homoparental adoption was also recognized, that is, the right to adopt people regardless of their sexual orientation.

In this post we will see in more detail what homoparental adoption is and in which other Spanish-speaking countries it is already legal.

What is homoparental adoption?

Homoparental adoption is that carried out by a homosexual couple. That is, by two men or two women between whom there is a de facto union or a marriage bond.

As of today in 2021, adoption by same-sex couples is legal only in 29 of the 195 countries in the world.

On the other hand, there are some countries (such as Chile, Croatia, Italy and the Czech Republic) that also admit it obliquely by allowing only one member of the couple to adopt as a single person.

Types of homoparental adoption in Spain

There are two types of homoparental adoption: national and international. But, although there is international homoparental adoption, it is much more complicated since there are not many countries that recognize or accept homosexual unions.

Some of the countries that currently do accept international adoptions of homosexual couples are:

  • USA
  • Colombia
  • Brazil
  • Philippines* (which does not recognize homoparental adoption, but does admit adoptions by single parents regardless of their sexual status).

Countries in Latin America where homoparental adoption is legal

Below we will tell you which countries in Latin America already grant the right to homoparental adoption:

  • Uruguay: admits adoptions and civil unions between same-sex couples since 2009 (marriage was approved in 2013).
  • Argentina: in 2010 it was the first country in Latin America to legalize same-sex marriages and, with it, homoparental adoption.
  • Mexico: In some states, homoparental adoption has been legal since 2010 (but not yet in the country as a whole).
  • Brazil: It is one of the few countries that allows homoparental adoptions of both its citizens and adoptive parents from other countries.
  • Colombia: Homoparental adoption has been legal since 2015.
  • Costa Rica: last Latin American country to be added to the list in 2020.

Although homoparental adoption has been legal in Spain for more than 15 years and there are more and more countries that allow it, this does not mean that adopting a child is easy. The reality is that the adoption process is still a slow and complex process and that homosexual couples still face many obstacles when it comes to having children.

For this reason, more and more gay and lesbian couples are turning to other options such as co-parenting or surrogacy to fulfill their dream of being parents.

We encourage you to value all the options and also consider our community as a real possibility to have children regardless of your marital status or sexual orientation.

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