The Constitutional Court colombian ruled this Wednesday that same-sex couples who adopt a child must have the same care time for the children as an adoptive heterosexual couple, in a sentence that represents a further step for the homosexual couples in the country.
The ruling comes after the high court admitted a lawsuit alleging the existence of a legal vacuum regarding same-sex couples and the adoption process, since it was not contemplated that they had the same rights as heterosexual couples.
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In this sense, the court emphasized that there is no principle of sufficient reason that justifies the exclusion of homosexual couples, since “The norm assumes heteronormativity and rules out the possibility that homoparental families can access them”according to the statement sent by the court.
In this way, it will be the members of the same-sex adoptive couple who define, for a single time, who will enjoy each benefit under the same conditions provided for heterosexual adoptive families.
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That is, they will have to choose who takes maternity leave -18 weeks- and who takes paternity leave -2 weeks-.
“This responds in a better way to the recognition of the diverse family model and the way in which the care of the adopted child or adolescent must be managed equitably”the court concluded.
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