THE CHALLENGES OF SAME-AFFECTIVE ADOPTION IN THE NEW FAMILY CONCEPTION

Abstract

Promoting discussions about same-sex unions has sociocultural repercussions, especially with regard to the equal rights of same-sex couples to adopt children. Given this, this research started with the following question: What are the challenges of the same-sex adoption process today? In response to this question, the general objective was established to present the challenges of same-sex adoption in the face of the new conception of family in neoconstitutionalism. In order to achieve the objectives of this study, bibliographical research was used, in a qualitative approach. The results present the new concept of family and consequently its historical evolution, in addition to the same-sex adoption process in its legal terms. In this way, the same-sex union has important aspects discussed in this work, mainly regarding insufficient legal advances regarding adoption by same-sex couples, and above all, about misinformation and prejudice. Thus, it was possible to identify the difficulties faced in this process, highlighting the need for laws that guarantee the right to adoption of children by same-sex families. Furthermore, the need for work that promotes discussions on the topic was also noted, contributing to reducing misinformation and understanding equal adoption rights.