Consideraciones en forma al concepto de familia y su importancia para la adopción homosexual en Colombia

Abstract

The Colombian Constitutional Court, for more than ten years, has presented in its decisions arguments to better understand the scope of article 42 of the Political Constitution, which deals with the family, especially on the links that allow special recognition and protection of part Of the State. However, despite evidence of a hermeneutic uniformity up to 2007, the Court breaks with the same uniformity, and begins to give different scope to the concepts that article 42 of the Constitution presents regarding the nuclear foundation of the family, giving The step that the homosexual practices of a couple fully assimilate, as far as it may correspond, to the legal consequences that have heterosexual unions that manage to establish a family bond for the responsible commitment and before the dynamics of existence of the love that is Manifest, including opening up to a domestic community of upbringing and solidarity. The Court assumes a new role under the assumption that, being guardian of the Constitution, and in its duty to interpret it, it shows how there should be special protection by the State to the sovereign and responsible decision to form a family by those who practice it homosexuality