Adoption by lesbian couple violated Brazilian law, say prosecutors

Brasilia, Brazil, Apr 29, 2010 / 19:53 pm

In response to a ruling by the country’s Supreme Court allowing a lesbian couple to maintain custody of two adopted girls, the regional public prosecutor stated his opposition to the decision saying the couple constitutes “a de facto society,” thus the decision violates Brazilian law.

The public ministry announced its position after a unanimous ruling by the court that the emotional bond between the girls and the lesbian women is “undisputed.”

The court ruling struck down a request by the attorney general of Rio Grande do Sul to remove the girls from the custody of the women, who have had them in their care since 1998.

One of the two women adopted the girls when they were infants, and her companion, who has been living with her since then, asked the court to declare her the girls’ adoptive mother as well.  The regional public prosecutor appealed the decision as it said homosexual unions are a “de facto society,” and thus the adoption of children by such unions would violate Brazilian law.

The current law requires that a couple be legally married or be able to prove to the court they have a stable union.

Last December, the Brazilian government approved a plan for Congress to study the possibility of regulating same-sex unions.  The plan has been firmly opposed by Brazil’s bishops and by various pro-family institutions.