La adopción por partes de parejas del mismo sexo Vs la concepción "tradicional" de la familia y el interés superior del menor en Colombia

Abstract

Since time immemorial gay people or the union homosexual couples have been a central issue of discussion of legal discussions in Colombia, for both religious conceptions as traditional of phenomenon that divides the country, debates on the rights of personality is evident , the couple, marriage and organize family constitutionally. The special institutional character of the family and protection that is attributed specifically consolidated with the creation of the 1991 Constitution, the understanding of heterosexual relationships, due to the number of disputes on the issue, he has brought together, mass recognition of rights of homosexual couples; therefore today seek the definitive consolidation of their intangible rights, including equal access to adoption. This article reflection, this reflection article proposes to review the most important jurisprudential decisions concerning homosexual adoption, in contrast to the positions of opposition have been based on the traditional concept of family and the interests of the child against the fundamental principles of the rule of law, with relevant effects and impact of these failures in Colombian society.