Adopción de parejas homosexuales. Un avance de la jurisprudencia constitucional colombiana a partir del garantismo de Luigi Ferrajoli

Abstract

This essay examines two sentences of protection issued by the Constitutional Court in which the existing paradigms face the possibility of the adoption of children and adolescents by same-sex couples in the Colombian context. On the one hand the sentence T-276 of 2012, the adoption is granted to a foreign citizen of two younger brothers who got frustrated at the last minute, due to the sexual condition of the adopter, thus the Colombian Family Welfare Institute (ICBF) ), informs the American embassy in Colombia that it does not allow minors to leave the country; The second sentence is the SU-617 of 2014, analyzes the case about two biological mothers who maintain a sentimental relationship, and one of them decides to initiate the process of adoption of the son of his partner. The Constitutional Court, when carrying out the legal and sociological analysis of the cases in question, makes decisions in which it grants the protected right; However, despite the victory of the guardian there are aspects that can be crit icized by the Constitutional Court, because it omits the discussion on discrimination of the guardianship actors, when it was openly a matter of gender discrimination.