Abstract:
In view of the controversies regarding the admissibility of homo-affective adoption combined with the large number of children and adolescents abandoned in shelters awaiting adoption, research is carried out on the existence of legal impediments to homo-affective adoption. the central aspects of this research. From a methodological perspective, this is a bibliographical and exploratory research aimed at contributing to future investigations on the subject and guiding the practical application of the studied precepts. It is concluded that there is no legal regulation prohibiting this type of adoption, nor scientific studies proving that same-sex adoption harms children and adolescents, on the contrary, same-sex adoption proved to be a solution for the high rate of children awaiting adoption, because the vast majority of couples do not require many preferences, in addition it was found that it is up to the judicial authority to decide in the specific case, as the general requirements of adoption and the principle of best interest of the adoptee are met, thus, homo-affective adoption is fully possible, there being no legal impediment to prohibit it and any barriers created, it is exclusively a matter of prejudice.