Controversial court ruling denies adoption rights to gay couples unless one partner is the biological parent of the child
The Constitutional Court ruled to limit the adoption rights of same-sex couples, and reopened the human rights debate for the lesbian, gay, bisexual and transgender (LGBT) community in Colombia.
According to the ruling, the only way a same-sex couple can be legally eligible to adopt a child is if one of the partners is the biological parent of the child they wish to adopt.
Attorney General Eduardo Montealegre criticised the ruling, saying “the court had gone halfway” to only allow an adoption request that comes from the biological mother or father of the child.
Montealegre said that “the Colombian constitution allows full adoption rights to same-sex couples” and called on Congress to “correct this discrimination”.
“Homosexuals are a demographic that have been historically discriminated against by many bigots in various sectors of society”, Colombia’s highest prosecutor stated.
The court ruling also generated controversy on social media, with Colombians debating passionately both for and against the decision.
Bogota Diversa, the country’s biggest gay rights group, said in a press release that the country was “ripe and ready for equality”.
“The court consolidated the right to adopt the biological son or daughter of the partner in all cases. However, it is obligated to equality due to its decision on joint adoption. The court took one step forward but failed to take the other,” Colombia Diversa Director Mauricio Albarracin said in the statement.
Colombian Ombudsman Jorge Armando Otálora also publicly criticised the ruling, saying the court missed an opportunity to advance the full recognition of rights of the LGBT community.
The ruling came shortly after the Faculty of Medicine at La Sabana University submitted a report to the Constitutional Court that stated that gay people “suffered from mental illness”.