LGBT rights in Rio Grande do Sul

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Lesbian, gay, bisexual, and transgender (LGBT) people in Rio Grande do Sul, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Contents

Recognition of same-sex unions

On May 29, 2012, four of six notaries of the state capitol of Porto Alegre agreed to convert civil unions into marriages. [1]

LGBT adoption

November 11, 2005 − the first LGBT adoption in Brazil, by a lesbian couple from the city of Bagé. The judge of the Childhood and Youth of Bagé, Marcos Danilo Edon Franco, permitted the adoption of two brothers by a lesbian couple. The women had been living in a stable union for seven years. One of them had been responsible for the guardianship of the boys since their birth. [2]

April 6, 2006 − a second adoption by a lesbian couple, and one "provisional guardianship". Same-sex couples in committed relationships were allowed to register at any notary public office. Although it did not affect federal rights, it gave same-sex couples more equality in many areas. Same-sex couples who register have the right to jointly own property, establish custody of children, and claim the right to pensions and property when one partner dies. [3]

June 10, 2009 − a lesbian couple was the first to win in court the right of adoption in the Brazilian State of Goiás. Since April 2008, a federal employee, 49, and a librarian, 34, had custody of a girl aged two years and ten months. The unprecedented decision was made by Judge Maurício Porfírio of the Juvenile Court of Childhood and Youth in Goiânia. To compensate for the lack of specific law on the issue, the magistrate relied on the precedent of the Court of Rio Grande do Sul. [4]

April 27, 2010 − the Superior Court of Justice of Brazil, located in the capital of the country, Brasília, decided to approve LGBT adoption in Brazil. In the case, a lesbian couple from the city of Bagé the physiotherapist Lídia Brignol Guterres and the psychologist Luciana Reis Maidana, had their right to share the adoption of two sons recognized. They told the state that the decision could become a landmark, and could inspire others to follow suit. The physiotherapist and psychologist had been together for thirteen years and adopted two boys in 2002 and 2003. In official records, the children appeared only as children of Luciana. The couple decided to change the documentation to provide pension rights which apply to minors in cases of separation and inheritance. [5]

June 3, 2011 - the Justice of the city of Pelotas authorized the adoption of a four-year-old child by a gay couple. The biological mother, gave evidence demonstrating a desire to give her child up for adoption by the gay couple. [6]

Related Research Articles

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

Same-sex marriage in Brazil has been legal since 16 May 2013 in accordance with a decision from the National Justice Council, ordering notaries of every state to license and perform same-sex marriages. Brazil became the second country in South America to legalize same-sex marriage nationwide, after Argentina, and the twelfth worldwide to do so.

<span class="mw-page-title-main">LGBT rights in Brazil</span> LGBT rights in Brazil

Lesbian, gay, bisexual and transgender (LGBT) rights in Brazil rank among the highest in the world.

<span class="mw-page-title-main">LGBT rights in Portugal</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in Portugal improved substantially in the 2000s and 2010s and are now among the best in the world. After a long period of oppression during the Estado Novo, Portuguese society has become increasingly accepting of homosexuality, which was decriminalized in 1982, eight years after the Carnation Revolution. Portugal has wide-ranging anti-discrimination laws and is one of the few countries in the world to contain a ban on discrimination based on sexual orientation in its Constitution. On 5 June 2010, the state became the eighth in the world to recognize same-sex marriage. On 1 March 2011, a gender identity law, said to be one of the most advanced in the world, was passed to simplify the process of sex and name change for transgender people. Same-sex couples have been permitted to adopt since 1 March 2016.

<span class="mw-page-title-main">LGBT parenting</span> LGBT people raising one or more children

LGBT parenting refers to lesbian, gay, bisexual, and transgender (LGBT) people raising one or more children as parents or foster care parents. This includes: children raised by same-sex couples, children raised by single LGBT parents, and children raised by an opposite-sex couple where at least one partner is LGBT.

<span class="mw-page-title-main">LGBT rights in Colombia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Colombia are among the most advanced in the Americas and throughout the world, and have substantially progressed since consensual homosexual activity was decriminalized in 1981. Between February 2007 and April 2008, three rulings of the Constitutional Court granted registered same-sex couples the same pension, social security and property rights as registered heterosexual couples. In 2011, Congress passed a law banning discrimination based on sexual orientation, and on 28 April 2016, the Constitutional Court legalized same-sex marriage, making Colombia the fourth South American country to do so.

The initialism LGBT is used to refer collectively to lesbian, gay, bisexual, and transgender (LGBT) people and members of the specific group and to the community (subculture) that surrounds them. This can include rights advocates, artists, authors, etc.

<span class="mw-page-title-main">Same-sex adoption in Brazil</span>

Same-sex adoption in Brazil is legal according to the Superior Court of Justice of Brazil, as stated in a court decision on April 27, 2010. The change was a milestone in the country's LGBT history.

This article is intended to give an overview of the history of LGBT rights in Brazil.

<i>Du Toit v Minister for Welfare and Population Development</i> South African legal case

Du Toit and Another v Minister for Welfare and Population Development and Others is a decision of the Constitutional Court of South Africa which granted same-sex couples the ability to jointly adopt children. LGBT people had already been able to adopt children individually, but only married couples could adopt jointly; the decision was handed down in September 2002, four years before same-sex marriage became legal in South Africa. The court ruled unanimously that the statutory provisions limiting joint adoption to married couples were unconstitutional, and the resulting order amended the law to treat same-sex partners in the same way as married couples.

The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions who may consist of at least one servicemember of a nation's military.

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<span class="mw-page-title-main">LGBT rights in São Paulo (state)</span>

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<span class="mw-page-title-main">LGBT rights in Bahia</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Bahia. Homosexuality and same-sex marriage are legal in the state.

<span class="mw-page-title-main">LGBT rights in Rio de Janeiro (state)</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Rio de Janeiro. Same-sex marriage is legal in the state.

<span class="mw-page-title-main">LGBT rights in Alagoas</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Alagoas, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Lesbian, gay, bisexual, and transgender (LGBT) people in Paraná, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

Lesbian, gay, bisexual, and transgender (LGBT) people in Mato Grosso do Sul, Brazil enjoy many of the same legal protections available to non-LGBT people. Homosexuality is legal in the state.

<i>Rcl 12876 and MS 32077</i>

Rcl 12876 and MS 32077, are landmark Brazil Supreme Court cases.

References

  1. Casais gays encontram facilidade para casar no RS – Geral – Zero Hora
  2. Adoption by same-sex couples in Rio Grande do Sul (in Portuguese)
  3. Adoption by same-sex couples in Rio Grande do Sul (in English) Archived 2009-06-15 at the Wayback Machine
  4. "Same-sex adoption in Goiás {{in lang|pt}}". Archived from the original on 2012-08-05. Retrieved 2020-02-21.
  5. "Adoption by same-sex couple in Southern Brazil" (in Portuguese). Archived from the original on 2016-04-11. Retrieved 2012-12-14.
  6. Gay couple adoption in Rio Grande do Sul (in Portuguese)