Adoption by Same-Sex Couples in Brazil: Between Legal Recognition and Social Challenges

Abstract

his article analyzes the evolution of the legal recognition of adoption by same-sex couples in Brazil from the perspective of fundamental rights, human dignity, and the best interests of the child and adolescent. The study begins with the understanding that the concept of family, traditionally linked to heterosexual unions, was expanded by the 1988 Federal Constitution and by the jurisprudence of the Federal Supreme Court and the Superior Court of Justice, which recognize the legitimacy of same-sex unions as family entities. The research examines the constitutional and statutory foundations that ensure equality in adoption, analyzing the role of the Judiciary in consolidating this guarantee, as well as the social and cultural challenges that persist, especially prejudice and institutional resistance. With a qualitative and descriptive-analytical approach, the study is based on bibliographical review and jurisprudential analysis, demonstrating that adoption by same-sex couples represents not only the realization of the right to parenthood but also a civilizational advancement toward a more inclusive and plural society.