scholarly journals Adoção Homoparental, um direito omitido, reivindicado por famílias invisíveis

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Adilson Lucio da Silva Filho
Keyword(s):  
Gay Marriage ◽  
Same Sex ◽  
Scientific Publications ◽  
Family Unit ◽  
Same Sex Couples ◽  
The Family ◽  
De Se ◽  
The Right ◽  
Gay Families ◽  
Federal Supreme

<p dir="ltr"><span>Resumo</span></p><span><span><br /></span></span><p dir="ltr"><span>O presente artigo tem como proposta, contribuir para a compreensão sobre a adoção por famílias homoafetivas através de um levantamento bibliográfico, revisando outras produções científicas e literaturas no campo da psicologia e direito. Propondo uma reflexão sobre as novas maneiras de se pensar em famílias, respeitando suas diversas possibilidades de configurações e suas interações com a sociedade, reconhecendo a importância de se preservar as estruturas e os estilos de vida de cada indivíduo. O estudo trata ainda os principais impactos da omissão legal quanto a existência das famílias homoparentais, principalmente nas garantias de seus direitos, onde nos deparamos com um Estado omisso e uma série de projetos, como o estatuto da família, por exemplo, que além de limitar a entidade familiar ao núcleo formado por um homem, uma mulher e seus filhos, coloca em risco a adoção por casais do mesmo sexo, passando por cima do STF (Supremo Tribunal Federal) que já reconhece a união estável homoafetiva, negando o direito da igualdade e dignidade a famílias, além de diminuir as chances de crianças e adolescentes em situação de abrigo, serem adotadas e possuírem uma família.</span></p><span><span><br /></span></span><p dir="ltr"><span>Palavras-chave:</span><span> famílias, famílias homoparentais, adoção, omissão, igualdade.</span></p><span><span><br /><br /></span></span><p dir="ltr"><span>Abstract</span></p><span><span><br /></span></span><p dir="ltr"><span>This article aims to contribute to the understanding of adoption by gay families, by reviewing through scientific publications and other literatures of psychology and rights. Proposing a reflection on the new ways of thinking about families, respecting their different possibilities of settings and their interactions with society, recognizing the importance of preserving individuals’ structures and lifestyle. This study also deals with the main impacts of the legal omission regarding the existence of  gay families, especially the guarantees of their rights, in which we stumble upon an omissive State and a number of projects, such as family statute, for instance, that besides limiting the family unit to a core formed by a man, a woman and their children, puts at risk the adoption by same-sex couples, going over the STF (Federal Supreme Court), what already recognizes the gay marriage, denying the right of equality and dignity to families, besides reducing the chances of children and adolescents in a shelter situation being adopted and having a family.</span></p><span id="docs-internal-guid-acc031a1-9621-deea-f9c4-4a49fee815a3"><br /><span>Keywords:</span><span> families, gay families, adoption, omission, </span><span>equality.</span></span>

Family Formation and Parenthood

2020 ◽  
pp. 220-254
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Family Life ◽  
Family Formation ◽  
Same Sex ◽  
Same Sex Couples ◽  
New Methods ◽  
New Family ◽  
The Family ◽  
Reproductive Techniques ◽  
The Right ◽  
The Way

This chapter examines the interpretation of ‘family life’ under Article 8 and the way that this has evolved throughout the Court’s history. It contrasts the approach of the Court to ‘family life’ between children and mothers, with ‘family life’ between fathers and children, noting the focus of the Court on function over form. It then turns to the establishment of parenthood, both in terms of maternity and paternity, as well as the right of the child to establish information concerning their origins. Finally, the chapter examines the changing face of the family, considering new family forms, including same-sex couples and transgender parents, as well as new methods of reproduction, such as artificial reproductive techniques and surrogacy.

Just Married

2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Public Opinion ◽  
Gay Marriage ◽  
Public Institution ◽  
Marriage Equality ◽  
Same Sex ◽  
Critical Juncture ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Right ◽  
Marriage Reform

The institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygamy, adult incest, and the dissolution of marriage as we know it. Equally, many academics, activists, and intellectuals on the left contend that there is no place for monogamous marriage as a special status defined by law. This book demonstrates that both sides are wrong: the same principles of democratic justice that demand marriage equality for same-sex couples also lend support to monogamous marriage. The book displays the groundlessness of arguments against same-sex marriage and defends marriage as a public institution against those who would eliminate its special status or supplant it with private arrangements. Arguing that monogamy reflects and cultivates our most basic democratic values, the book opposes the legal recognition of polygamy, but agrees with progressives that public policies should do more to support nontraditional caring and caregiving relationships. Throughout, the book explores the meaning of contemporary marriage and the reasons for its fragility and its enduring significance. Casting new light on today's debates over the future of marriage, the book lays the groundwork for a stronger institution.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

Same-Sex Relationships

2011 ◽  
Author(s):  
Joanna L. Grossman ◽  
Lawrence M. Friedman
Keyword(s):  
Family Law ◽  
Same Sex ◽  
Marriage And Family ◽  
Same Sex Marriage ◽  
The Social ◽  
The Family ◽  
Traditional Marriage ◽  
The Right ◽  
Constitutional Analysis

This chapter describes what might be the last battleground over “traditional” marriage—same-sex marriage, and the social and legal revolution that brought us from an era in which it was never contemplated to one in which, depending on the state, it is either expressly authorized or expressly prohibited. Same-sex marriage has posed—and continues to pose—a challenge to traditional definitions of marriage and family. But, more importantly, the issue implies broader changes in family law—the increasing role of constitutional analysis; limits on the right of government to regulate the family; and the clash between the traditional family form and a new and wider menu of intimate and household arrangements, and all this against the background of the rise of a stronger form of individualism.

Conflicts Within the Anglican Communion

2014 ◽  
Author(s):  
Jane Shaw
Keyword(s):  
Twentieth Century ◽  
Gay Marriage ◽  
First Century ◽  
Sex And Gender ◽  
Same Sex ◽  
The West ◽  
Same Sex Couples ◽  
Twenty First Century ◽  
And Gender ◽  
The Church

The churches of the Anglican Communion discussed issues of sex and gender throughout the twentieth century and into the twenty-first century. Arguments about gender focused on the ordination of women to the diaconate, priesthood, and episcopate. Debates about sexuality covered polygamy, divorce and remarriage, and homosexuality. In the first decade of the twenty-first century, these debates became intensely focused on homosexuality and were particularly fierce as liberals and conservatives responded to openly gay bishops and the blessing and marriage of same-sex couples. By the second decade of the twenty-first century, the sex and gender debates had become less acrimonious, the Anglican Communion had not split on these issues as some feared, but the ‘disconnect’ between society and the Church, at least in the West, on issues such as the Church of England’s prevarication on female bishops and opposition to gay marriage, had decreased the Church’s credibility for many.

The Right to Religious Freedom, with Particular Reference to Same-Sex Marriage

2012 ◽  
Vol 1 (2) ◽  
pp. 147-179
Author(s):  
Michael J. Perry
Keyword(s):  
Religious Freedom ◽  
Same Sex ◽  
Human Right ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Civil Marriage ◽  
The Right

In this essay, I elaborate and defend the internationally recognized human right to religious freedom. I then pursue the implications of the right for government’s exclusion of same-sex couples from of civil marriage.

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