A possibilidade jurídica da adoção por casais homossexuais e os aspectos processuais à luz da lei nacional da adoção.

Abstract

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.