Same-sex adoption in Brazil
Encyclopedia
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
.
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 the adopter.
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.
In Latin America
, Argentina
, Brazil
, and Uruguay
recognize this right nationwide. In Mexico, only Mexico City
recognizes this right. Adoption by homosexual individuals started in Brazil in 1996, the first recorded case occurring in the state of Rio de Janeiro
. 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.
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.
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.
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. One man had already adopted the girl. The name of his partner was then added to the birth certificate
. Gay women have been granted adoption rights twice before, but this was the first time they were given to men.
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.
May 30, 2008 − in an unprecedented decision in the State of 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. In January, a request was brought before the Juvenile Court
for Children and Youth to extend this adoption. The boy was six years old. After analyzing the legal process
, and after determining that the couple met all the necessary legal requirements, the application was decided. "Considering that a requirement of Brazilian adoption law is that the child is placed in contact with adult
s, to provide it with financial and social stability and have a stable relationship," the judge allowed the other partner to adopt the child. After time for appeal, the child's birth certificate
was amended to contain the names of the male
couple
without the words "mother" and "father", and the grandparent
s on each side.
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.
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 surname
s Kaners and Cumiotto, inherited from both partners
. The same-sex adoption guarantees equal rights to those of biological children.
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.
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.
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 690 km (428 mi) from Cuiabá
, the capital of the state.
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.
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
, 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. 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
.
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.
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.
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.
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.
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.
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.
June 30, 2011 - the Justice of the city of Itapetininga
, São Paulo
, authorized the adoption of 5 childrens, 3 male and 2 female, by a gay couple.
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.
Superior Court of Justice (Brazil)
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases...
, as stated in a court decision on April 27, 2010. The change was a milestone in the country's LGBT history
LGBT history
LGBT history refers to the history of lesbian, gay, bisexual, and transgender peoples and cultures around the world, dating back to the first recorded instances of same-sex love and sexuality of ancient civilizations. What survives of many centuries' persecution– resulting in shame, suppression,...
.
The ministers
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
(Justices) underlined that neither the Statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
of Children and Adolescents of 1990, nor the Civil Code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
of 2002, much less the Federal Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
of 1988, define any restrictions as to gender, marital status or sexual orientation the adopter.
On August 16, 2010, the minister (Justice) Marco Aurélio Mello
Marco Aurélio Mello
Marco Aurélio Mello is a Brazilian judge, and member of the family of the former President of Brazil Fernando Collor de Mello.-External links:*...
, 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
Paraná (state)
Paraná is one of the states of Brazil, located in the South of the country, bordered on the north by São Paulo state, on the east by the Atlantic Ocean, on the south by Santa Catarina state and the Misiones Province of Argentina, and on the west by Mato Grosso do Sul and the republic of Paraguay,...
. 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.
In Latin America
Latin America
Latin America is a region of the Americas where Romance languages – particularly Spanish and Portuguese, and variably French – are primarily spoken. Latin America has an area of approximately 21,069,500 km² , almost 3.9% of the Earth's surface or 14.1% of its land surface area...
, Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, and Uruguay
Uruguay
Uruguay ,officially the Oriental Republic of Uruguay,sometimes the Eastern Republic of Uruguay; ) is a country in the southeastern part of South America. It is home to some 3.5 million people, of whom 1.8 million live in the capital Montevideo and its metropolitan area...
recognize this right nationwide. In Mexico, only Mexico City
Mexico City
Mexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...
recognizes this right. Adoption by homosexual individuals started in Brazil in 1996, the first recorded case occurring in the state of Rio de Janeiro
Rio de Janeiro (state)
Rio de Janeiro is one of the 27 states of Brazil.Rio de Janeiro has the second largest economy of Brazil behind only São Paulo state.The state of Rio de Janeiro is located within the Brazilian geopolitical region classified as the Southeast...
. 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
Rio Grande do Sul
Rio Grande do Sul is the southernmost state in Brazil, and the state with the fifth highest Human Development Index in the country. In this state is located the southernmost city in the country, Chuí, on the border with Uruguay. In the region of Bento Gonçalves and Caxias do Sul, the largest wine...
, and subsequent cases have occurred in all five Regions of Brazil
Regions of Brazil
Brazil is divided into five regions by the Instituto Brasileiro de Geografia e Estatística . These divisions are composed of states within them.-The five regions:-North Region: *Area: 3,869,637.,9 km²...
. The favorable decision by the Superior Court of Justice only solidified the cases which were already approved.
LGBT adoption in Brazil
Examples of adoption by same-sex couples:November 11, 2005 − the first LGBT adoption in Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, by a lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
couple
Intimate relationship
An intimate relationship is a particularly close interpersonal relationship that involves physical or emotional intimacy. Physical intimacy is characterized by romantic or passionate love and attachment, or sexual activity. The term is also sometimes used euphemistically for a sexual...
from the city of Bagé
Bagé
Bagé is a city and a municipality in the south of the state of Rio Grande do Sul, Brazil. In 2007 its population was 112,550 in a total area of 4,096 km2. It was the tenth largest city in the state in 2007 -Location:...
, Rio Grande do Sul
Rio Grande do Sul
Rio Grande do Sul is the southernmost state in Brazil, and the state with the fifth highest Human Development Index in the country. In this state is located the southernmost city in the country, Chuí, on the border with Uruguay. In the region of Bento Gonçalves and Caxias do Sul, the largest wine...
. 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.
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
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
office. Although it did not affect federal rights
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
, it gave same-sex couples more equality
Social equality
Social equality is a social state of affairs in which all people within a specific society or isolated group have the same status in a certain respect. At the very least, social equality includes equal rights under the law, such as security, voting rights, freedom of speech and assembly, and the...
in many areas. Same-sex couples who register have the right to jointly own property, establish custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
of children, and claim the right to pensions and property when one partner dies.
November 23, 2006 − the Justice of the city of Catanduva
Catanduva
Catanduva is a municipality in the state of São Paulo, Brazil. Is the 2nd largest city in the North/Northwest portion of the state, 385 km from the city of São Paulo...
, São Paulo authorized the adoption of a five-year-old child by a gay couple. One man had already adopted the girl. The name of his partner was then added to the birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
. Gay women have been granted adoption rights twice before, but this was the first time they were given to men.
May 12, 2007 − the Justice of the city of Ribeirão Preto
Ribeirão Preto
Ribeirão Preto is a municipality and city in the Northeastern region of the state of São Paulo in Brazil. It is nicknamed Brazilian California, because of a combination of an economy based on agrobusiness plus high technology, wealth and sunny weather all year long. With 605,114 inhabitants,...
, 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.
May 30, 2008 − in an unprecedented decision in the State of Acre
Acre (state)
Acre is one of the 27 states of Brazil. It is situated in the southwest of the Northern Region, bordering Amazonas to the north, Rondônia to the east, Bolivia to the southeast and the Ucayali Region of Peru to the south and west. It occupies an area of 152,581.4 km2, being slightly smaller...
, Judge Luana Cláudia de Albuquerque Campos of the Civil Court of the District of Senador Guiomard
Senador Guiomard
Senador Guiomard is a municipality located in the northeast of the Brazilian state of Acre. Its population is 18,863 and its area is 2,047 km²....
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. In January, a request was brought before the Juvenile Court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
for Children and Youth to extend this adoption. The boy was six years old. After analyzing the legal process
Legal process
Legal process , are the proceedings in any civil lawsuit or criminal prosecution and, particularly, describes the formal notice or writ used by a court to exercise jurisdiction over a person or property...
, and after determining that the couple met all the necessary legal requirements, the application was decided. "Considering that a requirement of Brazilian adoption law is that the child is placed in contact with adult
Adult
An adult is a human being or living organism that is of relatively mature age, typically associated with sexual maturity and the attainment of reproductive age....
s, to provide it with financial and social stability and have a stable relationship," the judge allowed the other partner to adopt the child. After time for appeal, the child's birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
was amended to contain the names of the male
Male
Male refers to the biological sex of an organism, or part of an organism, which produces small mobile gametes, called spermatozoa. Each spermatozoon can fuse with a larger female gamete or ovum, in the process of fertilization...
couple
Intimate relationship
An intimate relationship is a particularly close interpersonal relationship that involves physical or emotional intimacy. Physical intimacy is characterized by romantic or passionate love and attachment, or sexual activity. The term is also sometimes used euphemistically for a sexual...
without the words "mother" and "father", and the grandparent
Grandparent
Grandparents are the parents of a person's own parent, whether that be a father or a mother. Every sexually-reproducing creature who is not a genetic chimera has a maximum of four genetic grandparents, eight genetic great-grandparents, sixteen genetic great-great-grandparents, etc...
s on each side.
October 9, 2008 − a decision of judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Élio Braz of the 2nd Court of Childhood and Adolescence in Recife
Recife
Recife is the fifth-largest metropolitan area in Brazil with 4,136,506 inhabitants, the largest metropolitan area of the North/Northeast Regions, the 5th-largest metropolitan influence area in Brazil, and the capital and largest city of the state of Pernambuco. The population of the city proper...
, Pernambuco
Pernambuco
Pernambuco is a state of Brazil, located in the Northeast region of the country. To the north are the states of Paraíba and Ceará, to the west is Piauí, to the south are Alagoas and Bahia, and to the east is the Atlantic Ocean. There are about of beaches, some of the most beautiful in the...
permitted the adoption of two sisters by a male homosexual couple of Natal
Natal, Rio Grande do Norte
-History:The northeastern tip of South America, Cabo São Roque, to the north of Natal and the closest point to Europe from Latin America, was first visited by European navigators in 1501, in the 1501–1502 Portuguese expedition led by Amerigo Vespucci, who named the spot after the saint of the day...
, Rio Grande do Norte
Rio Grande do Norte
Rio Grande do Norte is one of the states of Brazil, located in the northeastern region of the country, occupying the northeasternmost tip of the South American continent. Because of its geographic position, Rio Grande do Norte has a strategic importance. The capital and largest city is Natal...
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
Civil registry
Civil registration is the system by which a government records the vital events of its citizens and residents. The resulting repository or database is called civil register or registry, or population registry. The primary purpose of civil registration is to create legal documents that are used to...
, in the same manner as a heterosexual couple.
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
Blumenau
Blumenau is a city in Vale do Itajaí, state of Santa Catarina, in southern Brazil. It was founded on September 2, 1850 by Dr. Hermann Bruno Otto Blumenau along with 17 German immigrants. A few years later Fritz Müller migrated to Blumenau as well....
, in the State of Santa Catarina
Santa Catarina (state)
Santa Catarina is a state in southern Brazil with one of the highest standards of living in Latin America. Its capital is Florianópolis, which mostly lies on the Santa Catarina Island. Neighbouring states are Rio Grande do Sul to the south and Paraná to the north. It is bounded on the east by...
, won in court the right to adopt one girl and one boy. The decision allowed children to receive the surname
Surname
A surname is a name added to a given name and is part of a personal name. In many cases, a surname is a family name. Many dictionaries define "surname" as a synonym of "family name"...
s Kaners and Cumiotto, inherited from both partners
Significant other
Significant other is colloquially used as a gender-blind term for a person's partner in an intimate relationship without disclosing or presuming anything about marital status, relationship status, or sexual orientation, as it is vague enough to avoid offense by using a term that an individual...
. The same-sex adoption guarantees equal rights to those of biological children.
May 14, 2009 − a gay couple was the first to win in court the right of adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
in the Brazilian State of Paraná
Paraná (state)
Paraná is one of the states of Brazil, located in the South of the country, bordered on the north by São Paulo state, on the east by the Atlantic Ocean, on the south by Santa Catarina state and the Misiones Province of Argentina, and on the west by Mato Grosso do Sul and the republic of Paraguay,...
. A decision of the 2nd Court of Childhood, Youth and Adoption, changed the life of a homosexual couple who live in Curitiba
Curitiba
Curitiba is the capital of the Brazilian state of Paraná. It is the largest city with the biggest economy of both Paraná and southern Brazil. The population of Curitiba numbers approximately 1.75 million people and the latest GDP figures for the city surpass US$61 billion according to...
. 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.
June 10, 2009 − a lesbian couple was the first to win in court the right of adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
in the Brazilian State of Goiás
Goiás
Goiás is a state of Brazil, located in the central part of the country. The name Goiás comes from the name of an indigenous community...
. Since April 2008, a federal employee, 49, and a librarian
Librarian
A librarian is an information professional trained in library and information science, which is the organization and management of information services or materials for those with information needs...
, 34, had custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
of a girl
Girl
A girl is any female human from birth through childhood and adolescence to attainment of adulthood. The term may also be used to mean a young woman.-Etymology:...
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
Goiânia
-Climate:The city has a tropical wet and dry climate with an average temperature of . There's a wet season, from October to April, and a dry one, from May to September. Annual rainfall is around 1,520 mm....
. 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.
July 23, 2009 − the Justice of the State of Mato Grosso
Mato Grosso
Mato Grosso is one of the states of Brazil, the third largest in area, located in the western part of the country.Neighboring states are Rondônia, Amazonas, Pará, Tocantins, Goiás and Mato Grosso do Sul. It also borders Bolivia to the southwest...
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
Juara
Juara is a town and municipality in the state of Mato Grosso in the Central-West Region of Brazil.-References:...
, a city located 690 km (428 mi) from Cuiabá
Cuiabá
Under the Koppen climate classification, Cuiaba features a tropical wet and dry climate. Cuiabá is famous for its searing heat, although temperatures in winter can arrive sporadically at 10 degrees, indeed atypical, caused by cold fronts coming from the south, and that may only last one or two...
, the capital of the state.
November 30, 2009 − the Justice of the city of Joinville
Joinville
Joinville is a city in Santa Catarina State, in the Southern Region of Brazil. Joinville is Santa Catarina's largest city. In 2010, its population has reached approximately 520,000, many of whom are of German descent....
, Santa Catarina
Santa Catarina (state)
Santa Catarina is a state in southern Brazil with one of the highest standards of living in Latin America. Its capital is Florianópolis, which mostly lies on the Santa Catarina Island. Neighbouring states are Rio Grande do Sul to the south and Paraná to the north. It is bounded on the east by...
, 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.
April 27, 2010 − the Superior Court of Justice of Brazil
Superior Court of Justice (Brazil)
The Superior Court of Justice is the highest appellate court in Brazil for non-constitutional questions of federal law. The STJ also has original jurisdiction over some cases...
, located in the capital of the country, Brasília
Brasília
Brasília is the capital city of Brazil. The name is commonly spelled Brasilia in English. The city and its District are located in the Central-West region of the country, along a plateau known as Planalto Central. It has a population of about 2,557,000 as of the 2008 IBGE estimate, making it the...
, decided to approve LGBT adoption in Brazil. In the case, a lesbian couple from the city of Bagé
Bagé
Bagé is a city and a municipality in the south of the state of Rio Grande do Sul, Brazil. In 2007 its population was 112,550 in a total area of 4,096 km2. It was the tenth largest city in the state in 2007 -Location:...
, Rio Grande do Sul
Rio Grande do Sul
Rio Grande do Sul is the southernmost state in Brazil, and the state with the fifth highest Human Development Index in the country. In this state is located the southernmost city in the country, Chuí, on the border with Uruguay. In the region of Bento Gonçalves and Caxias do Sul, the largest wine...
, the physiotherapist Lídia Brignol Guterres and the psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
Luciana Reis Maidana, had their right
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
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
Documentation
Documentation is a term used in several different ways. Generally, documentation refers to the process of providing evidence.Modules of Documentation are Helpful...
to provide pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
rights which apply to minors in cases of separation and inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
.
April 29, 2010 − the Justice of the city of Cuiabá
Cuiabá
Under the Koppen climate classification, Cuiaba features a tropical wet and dry climate. Cuiabá is famous for its searing heat, although temperatures in winter can arrive sporadically at 10 degrees, indeed atypical, caused by cold fronts coming from the south, and that may only last one or two...
, Mato Grosso
Mato Grosso
Mato Grosso is one of the states of Brazil, the third largest in area, located in the western part of the country.Neighboring states are Rondônia, Amazonas, Pará, Tocantins, Goiás and Mato Grosso do Sul. It also borders Bolivia to the southwest...
, authorized the adoption of a child by a gay couple in the city of Tangará da Serra
Tangará da Serra
Tangará da Serra is a town and municipality in the state of Mato Grosso in the Central-West Region of Brazil.-References:...
. As a result of the adoption, the couple's daughter will enjoy food, property and inheritance benefits of both parents.
October 27, 2010 − the Justice of the city of Cascavel
Cascavel
Cascavel is a city and municipality in western Paraná state, Brazil. The population is 296.975 inhabitants.The city is on a plateau 781 meters above sea level...
, Paraná
Paraná (state)
Paraná is one of the states of Brazil, located in the South of the country, bordered on the north by São Paulo state, on the east by the Atlantic Ocean, on the south by Santa Catarina state and the Misiones Province of Argentina, and on the west by Mato Grosso do Sul and the republic of Paraguay,...
, authorized the adoption of an eight-year-old child with cerebral palsy
Cerebral palsy
Cerebral palsy is an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement....
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.
November 16, 2010 − the Justice of the city of Boa Vista
Boa Vista, Roraima
Boa Vista is the capital of the Brazilian state of Roraima. Situated on the western bank of the River Branco, the city lies 220 km away from Brazil's border with Venezuela. It is the only Brazilian capital located entirely above the Equator...
, Roraima
Roraima
Roraima is the northernmost and least populated state of Brazil, located in the Amazon region. It borders the states of Amazonas and Pará, as well as the nations of Venezuela and Guyana. The population is 400,000 and the capital is Boa Vista...
, 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.
April 19, 2011 - the Justice of the city of Araranguá
Araranguá
Araranguá is a city located in the southern part of Santa Catarina state, in the south of Brazil. It has 59,134 inhabitants and was settled mainly by Azoreans and Italians. Araranguá is known as "A Cidade das Avenidas" because of its wide roads.-History:Until the 18th century, the city was...
, Santa Catarina
Santa Catarina (state)
Santa Catarina is a state in southern Brazil with one of the highest standards of living in Latin America. Its capital is Florianópolis, which mostly lies on the Santa Catarina Island. Neighbouring states are Rio Grande do Sul to the south and Paraná to the north. It is bounded on the east by...
, authorized the adoption of a two-year-old child by a lesbian couple.
May 24, 2011 - the Justice of the city of Belo Horizonte
Belo Horizonte
Belo Horizonte is the capital of and largest city in the state of Minas Gerais, located in the southeastern region of Brazil. It is the third largest metropolitan area in the country...
, Minas Gerais
Minas Gerais
Minas Gerais is one of the 26 states of Brazil, of which it is the second most populous, the third richest, and the fourth largest in area. Minas Gerais is the Brazilian state with the largest number of Presidents of Brazil, the current one, Dilma Rousseff, being one of them. The capital is the...
, authorized the adoption of a three-year-old child by a lesbian couple, that are residing in the interior city of Patos de Minas
Patos de Minas
Patos de Minas is a city and municipality in the state of Minas Gerais in Brazil, located some 400 km from Belo Horizonte on the Paranaíba River. The city had 133,054 in 2007 while the area of the municipality is 3,189 km²...
. 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.
June 3, 2011 - the Justice of the city of Pelotas
Pelotas
Pelotas is a Brazilian city and municipality , the third most populous in the southern state of Rio Grande do Sul. Pelotas is located 270 km from Porto Alegre, the capital city of the state, and 130 km from the Uruguayan border...
, Rio Grande do Sul
Rio Grande do Sul
Rio Grande do Sul is the southernmost state in Brazil, and the state with the fifth highest Human Development Index in the country. In this state is located the southernmost city in the country, Chuí, on the border with Uruguay. In the region of Bento Gonçalves and Caxias do Sul, the largest wine...
, 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.
June 30, 2011 - the Justice of the city of Itapetininga
Itapetininga
Itapetininga is a municipality in the state of São Paulo, Brazil. The name comes from the Tupi languageIt is situated in the southwestern region of the state, and is known as cidade das escolas, meaning city of schools in Portuguese....
, São Paulo
São Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
, authorized the adoption of 5 childrens, 3 male and 2 female, by a gay couple.
August 30, 2011 - the Justice of the city of Jandira, São Paulo
São Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...
, authorized the adoption of a three-year-old child by a lesbian couple.
See also
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
- LGBT rights in Brazil
- LGBT adoption
- LGBT parentingLGBT parentingLGBT parenting refers to lesbian, gay, bisexual, and transgender people parenting one or more children. 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.LGBT people can...