Same-sex adoption: the debate has begun in the Chilean Senate

The bill was approved in the Chamber of Deputies on May 8th. It will allow married couples, civil partners, and single individuals to adopt, provided they meet the employment, housing, social, and other requirements.

May 14, 2019

Photo: Movilh

The Senate today displayed the LGBTI and trans flags at its headquarters in Santiago for the first time, showing its support for the Rainbow Campaign. The display took place minutes after Senate President Jaime Quintana (PPD), the Chairman of the Constitution, Legislation and Justice Committee, Felipe Harboe (PPD), and Senators Guido Girardi (PPD) and Alfonso De Urresti (PS) met with LGBTI groups.

Opposition members of parliament reaffirmed their commitment to same-sex adoption , while Harboe pledged to take various steps to ensure the Senate votes on the bill to legalize same-sex marriage in June. On May 8, the Chamber of Deputies had already approved same-sex adoption as part of the debate on reforming Chile's adoption law.

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The LGBT+ organization Movilh stated: “Chile will send an unusual signal to the world: we will undoubtedly have same-sex adoption before marriage equality. This will benefit children in the short term and make the ban on same-sex marriage look ridiculous.”

Article 1, approved by the Chamber of Deputies, states that adoption of a child or adolescent by a family is permitted regardless of its composition. The bill will allow married couples, civil partners, and single individuals to adopt, provided they meet the employment, housing, social, and other requirements.

[READ ALSO: New fertility coverage in Chile excludes lesbian couples]

“There is no regulation on issues of trans motherhood, which is why it is necessary to allow voluntary recognition,” trans activist and parliamentary advisor Constanza Valdés told Presentes.

While the article was approved by 101 votes in favor, 34 against, and one abstention, two articles opposing same-sex adoptions failed to achieve the same result. These two government amendments to Articles 28 and 39 of the bill, which sought to prioritize the roles of "mother and father," did not obtain the necessary majority and were rejected.

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