Last updated Legal status of adoption by same-sex couples around the world.
Joint adoption and stepparent adoption legal
Stepparent adoption legal
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.[1]
The ministers (Justices) underlined that neither the Statute of Children and Adolescents of 1990, nor the Civil Code of 2002, much less the Federal Constitution of 1988, define any restrictions as to gender, marital status or sexual orientation of the adopter.[2]
On August 16, 2010, the minister (Justice) Marco Aurélio Mello, of the STF (Supreme Federal Court of Brazil), ruled in favor of a same-sex couple, formed by a British citizen and a Brazilian, in the state of Paraná. This allowed the couple to adopt any child, regardless of age or sex of the child. The decision of the Supreme Federal Court opened the way for other same-sex couples to be accorded the same right in the country.[3]
Adoption by homosexual individuals started in Brazil in 1996, the first recorded case occurring in the state of Rio de Janeiro.[4] After this, several cases occurred in the rest of the country. Joint homosexual adoption started in Brazil in 2005. The first recorded case occurred in the state of Rio Grande do Sul, and subsequent cases have occurred in all five Regions of Brazil. The favorable decision by the Superior Court of Justice only solidified the cases which were already approved. In Brazil, 20% of same-sex couples have children. In the United States is 16%.[5]
History
Legal status of adoption by same-sex couples in South America
Gay adoption legal
Stepparent adoption legal
Gay adoption illegal
Homosexuality illegal
Unknown/ambiguous
Examples of adoption by same-sex couples:
November 11, 2005 − the first LGBT adoption in Brazil, by a lesbian couple from the city of Bagé, Rio Grande do Sul. 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.[6]
April 6, 2006 − a second adoption by a lesbian couple, and one "provisional guardianship". The adoption occurred in the State of Rio Grande do Sul, by a lesbian couple. 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.[7]
November 23, 2006 − the Justice of the city of Catanduva, São Paulo authorized the adoption of a five-year-old child by a gay couple.[8]
May 12, 2007 − the Justice of the city of Ribeirão Preto, São Paulo authorized the adoption of four children, all brothers and sisters, by a gay couple. Because the Law of Brazil does not allows the separation of siblings in adoption, so they all had to be adopted by the same couple, heterosexual or homosexual.[9]
May 30, 2008 − In Acre, Judge Luana Cláudia de Albuquerque Campos of the Civil Court of the District of Senador Guiomard rendered a favorable decision involving a gay couple adopting a child. The child had already been adopted by one member of the couple at the age of one year. The couple had been living in a stable relationship for eight years.[11]
October 9, 2008 − a decision of judge Élio Braz of the 2nd Court of Childhood and Adolescence in Recife, Pernambuco permitted the adoption of two sisters by a male homosexual couple of Natal, Rio Grande do Norte to be entered in the register of adoption. The girls, who were in a shelter, were given new birth certificates on which they appear as children of two parents. The Public Prosecutor agreed with the court ruling and declined to take further action. The judge said the decision is unique due to the joint request of two persons of one sex with an entry in the register, in the same manner as a heterosexual couple.[12]
May 13, 2009 − a lesbian couple formed by an analyst and university professor Michele Kaners, 31, and Carla Regina Cumiotto, 37, from the city of Blumenau, in the State of Santa Catarina, won in court the right to adopt one girl and one boy. The decision allowed children to receive the surnames Kaners and Cumiotto, inherited from both partners. The same-sex adoption guarantees equal rights to those of biological children.[13]
May 14, 2009 − a gay couple was the first to win in court the right of adoption in the Brazilian State of Paraná. A decision of the 2nd Court of Childhood, Youth and Adoption, changed the life of a homosexual couple who live in Curitiba. Two years previously, the gay couple had attempted to adopt a child. They had their request granted by a judge who ruled that the couple were living in a stable and affectionate union, and were able to raise a child of either sex and age in a healthy environment.[14]
May 21, 2009 - the Justice of the city of Rio de Janeiro, Rio de Janeiro, authorized the adoption of two children by a lesbian couple.[15]
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 federalemployee, 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.[16]
July 23, 2009 − the Justice of the State of Mato Grosso granted the same-sex couple Júlio Castilho, 40, and Paulo Ciliato, 35, the adoption of two brothers, aged six and eight. The decision was declared by Judge Douglas Romão of the Court of Childhood and Youth of the District of Juara, a city located 690km (428mi) from Cuiabá, the capital of the state.[17]
November 30, 2009 − the Justice of the city of Joinville, Santa Catarina, authorized the adoption of a three-year-old child by a lesbian couple. A birth certificate with the names of two mothers was ready 15 days later.[18]
February 22, 2010 - the Justice of the city of Rio de Janeiro, Rio de Janeiro authorized the adoption of a child by a lesbian couple.[19]
March 9, 2010 - the Justice of the city of Salvador, Bahia, authorized the adoption of a child by a lesbian couple.[20]
April 27, 2010 − the Superior Court of Justice of Brazil decided to approve LGBT adoption in Brazil. In the case, a lesbian couple from the city of Bagé, Rio Grande do Sul, the physiotherapist Lídia Brignol Guterres and the psychologist Luciana Reis Maidana, had their right to share the adoption of two sons recognized. The physiotherapist and psychologist had been together for thirteen years and adopted two boys in 2002 and 2003.[21]
April 29, 2010 − the Justice of the city of Cuiabá, Mato Grosso, authorized the adoption of a child by a gay couple in the city of Tangará da Serra. As a result of the adoption, the couple's daughter will enjoy food, property and inheritance benefits of both parents.[22]
October 27, 2010 − the Justice of the city of Cascavel, Paraná, authorized the adoption of an eight-year-old child with cerebral palsy by a gay couple who had been living together for twelve years. The authorization is irreversible, according to Judge Sergio Luiz Kreuz, who granted the application for adoption based on the decision of the Superior Court of Justice.[23]
November 16, 2010 − the Justice of the city of Boa Vista, Roraima, authorized the adoption of a two-year-old child by a gay couple, the course instructor Múcio Rosendo da Silva and the hairdresser Alexandre Lúcio de Farias. The biological mother gave evidence in the Court of Roraima, demonstrating a desire to give her daughter up for adoption by the couple.[24]
April 19, 2011 - the Justice of the city of Araranguá, Santa Catarina, authorized the adoption of a two-year-old child by a lesbian couple.[25]
May 24, 2011 - the Justice of the city of Belo Horizonte, Minas Gerais, authorized the adoption of a three-year-old child by a lesbian couple, that are residing in the interior city of Patos de Minas. The biological mother, that is heterosexual, gave evidence in the Court of Minas Gerais, demonstrating a desire to give her child up for adoption by the lesbian couple.[26]
June 3, 2011 - the Justice of the city of Pelotas, Rio Grande do Sul, 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.[27]
June 30, 2011 - the Justice of the city of Itapetininga, São Paulo, authorized the adoption of five children, three male and two female, by a gay couple.[28]
August 30, 2011 - the Justice of the city of Jandira, São Paulo, authorized the adoption of a three-year-old child by a lesbian couple.[29]
September 16, 2011 - the Justice of the city of Maringá, Paraná authorized the adoption of two children by a lesbian couple.[30]
December 21, 2011 - the Justice of the city of Belém, Pará authorized the adoption of a two-year-old child by a lesbian couple.[31]
January 11, 2012 - the Justice of the city of São Paulo authorized the adoption of a child by a lesbian couple.[32]
March 2, 2012 - the Justice of the city of Recife, Pernambuco authorized the adoption of a baby by a gay couple.[33]
November 11, 2012 - the Justice of the city of Manaus, Amazonas authorized the adoption of a child by a gay couple.[34]
April 18, 2013 - the Justice of the city of Marituba, Pará authorized the adoption of a child by a lesbian couple.[35]
April 19, 2013 - the Justice of the city of Aparecida de Goiânia, Goiás authorized the adoption of a child by a lesbian couple.[36]
May 23, 2013 - the Justice of the city of Maceió, Alagoas authorized the adoption of four children by four same-sex couples.[37]
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.
Human rights in Brazil include the right to life and freedom of speech; and condemnation of slavery and torture. The nation ratified the American Convention on Human Rights. The 2017 Freedom in the World report by Freedom House gives Brazil a score of "2" for both political rights and civil liberties; "1" represents the most free, and "7", the least.
Same-sex marriage has been legal in Brazil 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.
Lesbian, gay, bisexual and transgender (LGBT) rights in Brazil rank among the highest in the world. Same-sex couples in Brazil have enjoyed the same rights guaranteed to heterosexual ones since 16 May 2013, including marriage and adoption. On June 13, 2019, the Brazilian Supreme Court ruled that discrimination on the basis of sexual orientation and gender identity is a crime akin to racism.
The Anglican Episcopal Church of Brazil is the 19th province of the Anglican Communion, covering the country of Brazil. It is composed of nine dioceses and one missionary district, each headed by a bishop, among whom one is elected as the Primate of Brazil. The current Primate is Marinez Rosa dos Santos Bassotto. IEAB is the oldest non-Catholic church in Brazil, originating from the Treaty of Commerce and Navigation signed in 1810 between Portugal and the United Kingdom which allowed the Church of England to establish chapels in the former Portuguese colony. In 1890 American missionaries from the Episcopal Church established themselves in the country aiming to create a national church; unlike the English chapels, they celebrated services in Portuguese and converted Brazilians. The Anglican community of Brazil was a missionary district of the Episcopal Church until 1965, when it gained its ecclesiastical independence and became a separate province of the Anglican Communion. Twenty years later, IEAB began to ordain women. It preaches a social gospel, being known for its commitment to fight against problems that affect vast portions of the Brazilian society, such as social inequality, land concentration, domestic violence, racism, homophobia and xenophobia. Its stance as an Inclusive Church has caused both schisms and the arrival of former Catholics and Evangelicals in search of acceptance.
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.
A same-sex relationship is a romantic or sexual relationship between people of the same sex. Same-sex marriage refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not.
LGBT people in Brazil represent an estimated 8.35% of the Brazilian population, or approximately 20,000,000 people.
LGBT tourism in Brazil is a form of niche tourism marketed to gay, lesbian, bisexual and transgender (LGBT) people who come to Brazil. The city of Rio de Janeiro was elected the best LGBT destination of the world, according to the U.S. Logo channel, owned by Viacom's MTV Networks. Rio de Janeiro also was elected the most sexy city of the world to LGBT people, according to the U.S. Logo channel and TripOutGayTravel. In 2014, Brazil and the United States were the two countries more wanted by international LGBT tourists, according to the World Travel Market.
This is a list of events in 2011 that affected LGBT rights.
This article is intended to give an overview of the history of LGBT rights in Brazil.
The Brazilian municipal elections of 2012 took place on October 7 and on October 28. Over 138 million voters chose mayors, deputy mayors and city councillors for the 5,568 municipalities of Brazil. These were the first elections in which the recently registered parties Partido Pátria Livre (PPL) and Partido Social Democrático (PSD) participated; they were both recognized by the Superior Electoral Court in 2011. Political parties whose candidates wished to run for the 2012 elections had to be registered at the TSE for at least one year before the election date, while candidates also had to be affiliated to a party for the same period of time. Conventions for the selection of candidates within the parties occurred between 10 and 30 June, while the registry of candidates and alliances with the Regional Electoral Courts took place until July 5. Electoral campaign was authorized from the moment a candidacy had been registered. The free electoral program – two daily slots on free-to-air TV and radio for political advertising paid by the Electoral Justice fund – ran weekdays from 21 August until 4 October. According to the current Brazilian electoral law, the two-round system – should the leading candidate receive less than 50% +1 of the votes – is only available for cities with more than 200,000 voters. This includes all state capitals, with the exception of Boa Vista, Roraima and Palmas, Tocantins, plus 59 other municipalities. The free electoral program for the second round ran from 13 October until 26 October.
Lesbian, gay, bisexual and transgender rights in the Brazilian state of São Paulo are liberal. Same-sex marriage is legally performed in the state, as in Brazil as a whole.
Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Bahia. Homosexuality and same-sex marriage are legal in the state.
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.
Lesbian, gay, bisexual, and transgender (LGBT) rights are liberal in Rio de Janeiro. Same-sex marriage is legal in the state.
Lesbian, gay, bisexual, and transgender (LGBT) people in Pará, 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.
Rcl 12876 and MS 32077, are landmark Brazil Supreme Court cases.
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