ADOPTION BY SAME-SEX COUPLES: SOCIAL REPRESENTATION AND A NEW FAMILY FORM

Abstract

This article investigates whether the constitutional equality recognized for same-sex families translates, in fact, into effectiveness in the adoption procedure, given institutional obstacles and cultural disputes that still shift the burden of proof to prospective adoptive parents. It aims to critically analyze the adherence between the normative/jurisprudential framework and daily practice, identifying points of procedural and discursive friction. Methodologically, a narrative review of doctrine, jurisprudence, administrative guidelines, and empirical literature is adopted, with the extraction of decisional categories, theoretical-empirical confrontation, and a focus on proportionality and adequate motivation. The results indicate normative and empirical convergence: sexual orientation is irrelevant for predicting child outcomes when contextual variables are controlled. The conclusion is that standardized forms, a national framework for justification, mandatory double-reading of rejections, active transparency, continuing education, and data governance should be adopted to reduce discretion, align the procedure with the best interests of the child, and increase the effectiveness of the right to adoption.