November 22nd, 2009
 

365 Gay: News

Uruguay law may not allow gay adoptions after all


(Montevideo, Uruguay) A closer reading of an adoptions law promoted by Uruguay’s gay rights groups suggests it might not enable adoptions by gay and lesbian couples after all.

With the law awaiting President Tabare Vazquez’s signature, gay rights groups have been celebrating the prospect that Uruguay could become the first country in Latin America to give gay and lesbian couples the opportunity to adopt.

But nowhere in the law does it specifically say that homosexual couples have a right to adopt. And in some places, it suggests otherwise — for example by specifying how the child should take a mother and father’s surnames.

Lawyers, judges and even the law’s own authors now have doubts about how the law will be applied.

Under Vazquez, Uruguay already legalized gay civil unions and ended a ban on homosexuals in the military, despite strong disapproval from the Roman Catholic Church.

The church also campaigned against the adoptions law, which shifts much of the decision-making to the national Institute of Children and Adolescents, and away from a system in which individual lawyers, notaries and religious groups had a central role.

The new law would drop a requirement that children can only be adopted by legally married couples or single parents.

Deputy Margarita Percovich, who wrote the law, acknowledged that it doesn’t directly mention same-sex adoptions, but said it would enable them because gays and lesbians already can legally form civil unions, and “the law enables couples in civil unions to adopt children without impediment.”

But Attorney Juan A. Ramirez, an expert in civil rights law, told the leading newspaper El Pais that judges still won’t be able to approve same-sex adoptions, because this intent isn’t explicitly described in the law.

“Any objective interpretation of the law would conclude that either they forgot to mention that gay couples can adopt, or they didn’t want to mention it. They didn’t want to take the bull by the horns and resolve it clearly — they left it undefined,” he said.

Family judge Estrella Perez said the judges association now plans to meet “to see how to resolve these doubts.”

“We all have them.”

And a lawyer for the institute, Edgard Marzarini, told reporters that he doesn’t know how to resolve a same-sex adoption given the law’s requirement that a child take a mother and father’s surnames: “These are the holes that later give us problems.”


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  • gayactivist101 Said: October 14th, 2009 at 9:28 pm
    • I think the laws states:

      “any two adults can adopt”.

  • gayactivist101 Said: October 14th, 2009 at 9:26 pm
    • Remember this saying:

      “If it is too good to be true it probarly is”!!!!

  • Southernhemisphere Said: September 19th, 2009 at 4:25 pm
    • If not, what a pity.

  • Morgan Said: September 17th, 2009 at 7:50 am
    • If Uruguay can change its law to have gay civil unions and gays in the military, it then can change some more laws and have adoption of children by same-sex parents.

      Here in Delaware, you occasionally see same-sex couples with kids on the beach. Adoption of kids by same-sex parents is legal in Delaware and Maryland. No problemo.

  • DaveW Said: September 16th, 2009 at 4:28 am
    • I was in Uruguay over 20 years ago. Interesting place, and much changed since, I know.

      It makes sense to me that they would be making gains, they seemed fairly progressive. We all laughed at the quirky signs along the highway telling people to smile at tourists. It was on the route from the seaport to main city..where all the tourists travel!

      anyway I hope they work this out..it makes me sick to see the church sticking its nose in civil law. They do it here to and it is shameful people are so brainwashed they can’t see the evil being fronted by the world’s most disgusting cult to ever take hold and shut down so many minds.

      The situation in Maine just sickens me…how do we as a society let a foreign nation send its emmissaries to our country to promote bigotry? The church is a foreign power given unprecedented access to our citizens and political process.

      We should at least bar them from running our politics…imagine letting France influence our politics?

  • Genn ジェン ズレタ Said: September 15th, 2009 at 10:09 pm
    • The holes that Marzarini mentioned must be addressed. If the law has potential to backfire on a certain group of people(in this case gays) it might be false hope to, then the law must be clear as to what it means.It’s sad that gay couples in civil unions might not even be considered a civil union by some (that the law should state specifically that gays can adopt). It is not fair to Uruguay’s gay citizens to give them this hope that might be a let down later on.

 
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