Colombia
has taken a major step in recognising the rights of same-sex couples,
after the country’s leading court granted limited adoption rights to gay
and lesbian couples.
The
Constitutional Court ruled on Thursday that a lesbian woman,could adopt
her long-time partner’s daughter, since the child in question was the
biological child of one of the two partners.
The court
said Ana Leiderman, who underwent artificial insemination to conceive
her daughter, and raised her with Veronica Botero, had the right to
request an adoption by her partner regardless of sex.
The Colombian Family Well-being Institute had earlier rejected Botero’s adoption application.
“The court
considered that the discriminatory criterion the administrative
authority had used to deny the adoption procedure … was unacceptable in
this case, which involves a consensual adoption in which the biological
father or mother consents to an adoption by his or her permanent
partner,” magistrate Luis Ernesto Vargas said.
However, the
ruling does not not allow gay couples to adopt if neither person is the
child’s biological parent, and even couples covered by the ruling will
have to meet certain conditions, such as having lived together for at
least two years.
But legal
experts said it could indicate a willingness by the high court to extend
adoption rights to all same-sex couples, and sets a precedent for all
similar cases in the South American country.
The verdict comes after a number of gay-friendly rulings in Colombia and other parts of Latin America.
The decison
also comes on the heels of Cecilia Alvarez, the commerce minister,
speaking publicly about her lesbian relationship with fellow cabinet
member Gina Parody.
During an
interview on local radio station RCN, Alvarez dismissed a question on
the implications of having a lesbian couple in President Juan Manuel
Santos’s government.
“I give
thanks to the president because he has never, ever gotten involved in
personal issues. Instead he has seen our professional qualities,”
Alvarez said.

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