Adoção homoafetiva sob a luz do princípio do melhor interesse da criança e do adolescente

Abstract

This article delves into the emergence of a new family model, the societal acceptance of homoaffective unions, and their impact on the adoption of children and adolescents, tracing the historical evolution of family law. The recognition of stable unions among homoaffective couples by the Supremo Tribunal Federal has given rise to a novel family paradigm in Brazilian society, challenging traditional models and introducing legal uncertainties regarding associated rights. This study focuses on the adoption of children by homoaffective couples, examining societal perspectives and legal stances. It establishes that such adoptions are as legitimate as those by heterosexual couples, affirming the right to initiate the adoption process. The application of family law and the amendments introduced by the Adoption Law (12.010/2009) to the Statute of the Child and Adolescent are explored to demonstrate that the involvement of minors in homoaffective families does not result in detrimental outcomes. Qualitative research, employing a bibliographical method, was conducted to investigate these developments in Brazil. Data were collected from doctrinal books, articles in scientific journals, online publications, jurisprudence, and legislation. Methodologically, historical and comparative approaches were employed to analyze the evolution of family models and the institution of adoption.