Importancia de la familia para la adopción de parejas del mismo sexo de conformidad con las sentencias de la Corte Constitucional

Abstract

The Colombian Constitutional Court, for more than ten years, has been presenting in its judgments arguments to better understand the scope of article 42 of the Political Constitution, which deals with the family, especially the links that allow recognition and special protection on the part of the State. However, despite evidencing a hermeneutical uniformity until 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 to homosexual practices of a couple are fully assimilated, as far as they may be concerned, to the legal consequences of heterosexual unions that manage to establish a family bond by responsible commitment and the dynamics of the existence of love that is they manifest, including the opening to a domestic community of upbringing and solidarity. In relation to the adoption of children, by same-sex couples, which is the issue at hand, the Court assumes a new role with judgment C-683 of 2015, which establishes categorically and categorically that couples of the same sex they can adopt, since the sexual orientation of a person of the same sex or their sex are not, by themselves, indicators of lack of moral, physical or mental suitability to adopt; therefore there must be a special protection by the State to the sovereign decision and responsible for forming a family for those who practice homosexuality.