MARQUES, F. P. C. S. R.; http://lattes.cnpq.br/1733256239018103; MARQUES, Francisca de Paula Celeste de Sá Resende.
Resumo:
Adoption is taking another pair, one as a child. The institution of adoption is one kind of
placement in a foster family under Brazilian law, which is the most complete in the sense that
someone down, regardless of any family relationship by blood or affinity, a legal bond of
membership, bringing his family, on condition that the son, who, generally, it is strange.O
present study has as main objective to understand the fundamentals that underpin the adoption
in Brazil and to verify the legal possibility of gay couples to adopt and, i f it seeks perquerir
within the social context in which it is inserted after the family - modern, reasons that can
justify or not heterosexuality condition to justify the acceptance of adoption in Brazil. Also,
with the advent of Law 12.010/09 (National Adoption Law) has improved the legal
procedures of adoption, and therefore ensure more effective for the right of children and
adolescents to family, strengthening and preserving thus the family origin and avoiding or
shortening the maximum that these children remain in residential care programs, substantially
altering the perspective of the institute procedural adoption. The survey is conducted by using
literature on the topic, selection of material acquired, and then were made of material selected
annotated, including books, magazines, doctrine, jurisprudence, internet articles, Justices of
the Courts, and other publications and, review of legislation governing the institution of legal
adoption .An examine the possibility of gay couples to adopt, it is clear, however, that
households consisting of couples these environments may be normal for the regular socioeducational
development of any aiming at children that also occurs in the family than family
whose power is in the "hands" of heterosexuals in many of these homes are the same values
established by traditional family heteroafetiva. This time the focus given to the social
institution of adoption should above all, only be granted when there are real advantages to
adopting and be based on reasons legitimates. Concludes that, with these perspectives, silted
up, in various segments of the legal profession, understanding - which joined this
monographic study - there are no obstacles in fact and law regarding the adoption by the
currently known, gay couples.