Council of MP votes against discrimination in adoption processes by same-sex couples

In a unanimous decision, the National Council of the Public Prosecutor’s Office (CNMP) approved a resolution this Tuesday (8) to determine that prosecutors cannot take a position against the adoption of children and adolescents using as the only allegation the fact that the request was made by homoaffective or transgender couples.

The measure will still undergo a final wording and will come into force when it is published in the electronic journal of the agency.

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For the CNMP, “members of the Public Prosecutor’s Office must ensure equal rights and combat any form of discrimination based on sexual orientation and gender identity, being prohibited in the processes of qualifying applicants and adopting children and adolescents , custody and guardianship, manifestations contrary to the requests on the sole basis of being a homoaffective or transgender couple or single parent family”.

The proposal was presented by three board members –Otavio Luiz Rodrigues Jr., Paulo Cezar dos Passos and Rogério Varela– and was reported by board member Engels Muniz.

Also collaborating with the discussion were the Internal Affairs Offices of the Public Ministries of the States of Rio de Janeiro and Rio Grande do Sul and the Federal Council of the Brazilian Bar Association (OAB).

In June, Senator Fabiano Contarato (PT-ES) submitted a request to the CNMP on the subject, in order to prevent homoaffective couples from suffering discrimination in cases of adoption. The parliamentarian himself was the target of prejudice in the process of adopting a child in his state and won a lawsuit filed by the homophobic conduct of a prosecutor against Contarato and his husband.

For the CNMP rapporteur, the body’s resolution is in line with legislation such as the Child and Adolescent Statute (ECA) and binding decisions of the Federal Supreme Court (STF).

“Gender identity and sexual orientation cannot be arguments to support ministerial manifestations against adoption and its related institutes, as it would mean denying children and adolescents the right to family life based on admittedly unconstitutional grounds. As said, family is an affective bond, it is a construction arising from love and affection, regardless of whether this bond is lived by heterosexual or homoaffective couples”, stated Engels Muniz.

By decision of the council, “it will be up to the General Attorneys and General Internal Affairs to adopt the measures they deem necessary to encourage the non-discriminatory action of their members and servants, in respect for human dignity and the different forms of family composition, including in adoption processes and qualification of applicants for adoption”.