The Issue of The Legalization of Gay Adoption at The National Level in Mexico

Introduction

In Mexico City in 2010, it was “approved to allow same-sex marriage and since then, some states have continued with the reforms to the law” (Milenio), modifying their civil codes to allow equal marriages. However, they are currently only “sixteen states that have approved equal marriage and have not yet been recognized at the federal level” (Forbes). In addition to the few states that have approved equal marriage, there are fewer those that allow same-sex couples to adopt a child. For example, in Mexico City in 2010, the reforms that allow the adoption of children by same-sex couples were declared constitutional; but it was also requested that “tolerance and public respect be promoted, as it is the basis of a secular State” (Siller), This is because there are still myths about raising a child by gay couples.

In many states the progress in this initiative has been complicated, as in many it is argued that “the best interests of the child are an impediment for it to be adopted as there would be a rejection and social discrimination” (Basilio); that is to say, in addition to the supposed scientific arguments, the prejudices that still exist in society have influenced, where a family is “one made up of a father, a mother and children, so it is not conceived that they are two fathers or two mothers those who raise a child” (Basilio). Therefore, the analysis of adoption by gay couples and how child rearing takes place, mainly based on reliable scientific studies, is of paramount importance. Informing Mexican society and subsequently achieving the legalization of adoption at the national level will allow institutionalizing the idea that the adoption itself is for the benefit of the child, regardless of whether the parents form a same-sex couple and thus dilute the prejudices that still last.

Argumentation

We will begin by pointing out that the adoption laws must at all times be guided by the interest of the child, in the Convention on the Rights of the Child it is established that “the States that recognize or allow the adoption system shall ensure that the best interest of the child is the most important consideration” (UNICEF); and the Declaration of the Rights of the Child states that “the interest of the child must be the guiding principle of those who are responsible for their education and guidance” (ONU). Therefore, we can affirm that the authorities and also society have the obligation to guarantee children the best possible adoption and with this allow them to improve their quality of life. The study of homoparentality is not new, it emerged in 1970 in the United States, due to “the social and media visibility that is charging for the increase in cases in dispute over custody in the process of divorce” (Dominguez de la Rosa). Despite this, until June 2018, WHO published its classification of diseases where it eliminated the “gender inconsistency or trans sexuality of the classification of mental disorders, leaving it in the category of sexual dysfunction” (Sepúlveda); that is, homosexuality went from being considered a psychological disorder to being defined as a physical problem.

However, it is currently argued that it is better for a child to be adopted by heterosexual couples due to the possibility of physical or psychological damage to the child during parenting. Contrary to the above, there are several scientific studies that support the adoption and upbringing of children by homosexual couples. Some of these studies have analyzed the effect of different parental models on the upbringing of adopted children. For example, in 2004, the American Psychological Association issued two resolutions and a scientific study on the subject:

1. Resolution on Sexual Orientation and Marriage: This states through experimental studies that “it is unfair and discriminatory to deny same-sex couples access to civil marriage, their rights, benefits and privileges” (American Psychological Association).
2. Resolution on Sexual Orientation, Parents, and Children: This recognizes that “there is no scientific evidence to conclude that the sexual orientation of the father or mother impairs his or her work as a father or mother” (American Psychological Association); therefore, homosexual parents are equally capable as heterosexual parents, of providing the adopted child with a healthy and supportive development environment.
3. Lesbian and Gay Parenting: Study that contradicts the belief that homosexuality is a symptom associated with a disease (pathology), the preconceived opinion that lesbian women are less maternal compared to heterosexual women and “the idea that sexual relations of gay couples leave little time for fathers or mothers to raise children” (American Psychologhical Association).

From the above, we can affirm that not a few reliable psychiatric and psychological studies prove that children who are raised by a gay couple will not be affected in their health or development, compared to those raised by heterosexual couples. ; In fact, today there is no serious experimental research to prove otherwise. In our country, several studies published by UNAM, 'rule out the negative impact on the development of children adopted by homosexual couples', also state that 'the rights of minors are not violated and guarantee equal access to families homoparental” (Cancino).

On the other hand, research that seeks to 'demonstrate' psychological damage to the child adopted by homosexual couples, have several disadvantages in terms of the reliability of their results:

1. This is a recent phenomenon and therefore the analysis cases are scarce. For example, in Mexico City in 2018, only “17 homoparental adoptions were counted”.
2. They present ambiguous hypotheses, analyze cases that were premeditated and these are too particular to validate the supposed negative or positive consequences.

It is then the quality of the parents in the upbringing that will determine the psychological and social development of the children, not their sexual orientation or gender. In this sense, we can also affirm that the restriction of adoption exclusively to heterosexual couples lacks an objective and reasonable argument, in addition to being an act of discrimination, since their discourse is based (as already mentioned above) is an assumption physical and psychological harm to the child.

It is necessary to mention that the legal recognition of homoparental families for adoption will allow children of same-sex couples to obtain legal certainty and will contribute to gradually eliminating prejudices that until today persist in Mexican society and are frequently reproduced at the state level (in congresses, by public officials, etc.). The above will have a positive impact on different levels: in society, in the LGBT community, in the parents, but mainly it will contribute to the well-being of the child, which should be the main objective.

Conclusions

We can conclude that homosexuality is not a psychological or psychiatric disorder, but a variant of sexual preference. It has been proven that most homosexual people have healthy and productive lives, the same as for their relationships. So, the assumptions that heterosexual couples will be better fathers than same-sex couples and that children raised by homosexual fathers or mothers will not grow or develop properly, do not have scientific support; the sexual orientation of the parents does not affect the psychological or physical health of the child. It has been shown that children of parents of the same sex do not show psychological or behavioral alterations and there is no evidence to the contrary. On the other hand, it has not been demonstrated that the sexual orientation of the parents interferes with the sexual orientation or gender identity of the child, it is well known that homosexuality is not determined by family factors.

In Mexico, we need to prioritize the well-being of children when discussing the issue, since children have every right to be part of a family, traditional or not. The State and the same society must begin to make judgments but based on scientific studies and also, adhering to the existing legal framework regarding the rights of children. Likewise, the State, together with the media, has the obligation to disseminate and promote respect and tolerance in Mexican society towards homosexual couples and their rights. This is because homosexual couples are increasing (in our country and worldwide), and their role in societies is increasingly important, so society must learn to respect diversity. To carry out the above, objective and quality research that allows the State and society to know the positive or negative consequences on children who are adopted by same-sex couples must be encouraged. Unfortunately in our country, homoparental adoption has as a negative consequence that the child is exposed to an intolerant society, which constantly indicates his status as a child adopted by a same-sex couple, which breaks with the image of the traditional family. As mentioned several times, there is no evidence that adoption by gay couples is harmful to children. The studies cited in this work have shown that there are no significant differences between the development of children raised by same-sex parents and children raised by heterosexual couples. Likewise, studies conducted by UNAM confirm the above.

Bibliography

1. American Psychologhical Association. “Lesbian and Gay Parenting.” 2005. 23 10 2019 .
2. American Psychological Association. “Sexual Orientation, Parents, & Children.” 28 07 2014. 23 10 2019 .
3. Basilio, Mario Vidal. “Derecho a tener una familia: Adopción homoparental, entre prejuicios y realidades.” 2019. 23 10 2019 .
4. Cancino, Fabiola. Expansión. 12 08 2010. 24 10 2019 .
5. Dominguez de la Rosa, Laura. “Construcción Social de la Homoparentalidad.” 06 2014. 24 10 2019 .
6. Forbes. 19 07 2019. 23 10 2019 .
7. Milenio. 28 06 2019. 23 10 2019 .
8. ONU. “Declaración de los derechos del niño.” 20 11 1959. 23 10 2019 .
9. Roa, Wendy. Excelsior. 13 02 2018. 24 10 2019 .
10. Sepúlveda, Paulina. La Tercera. 17 05 2019. 24 10 2019 .
11. Siller, Aquiles. Político mx. 05 03 2019. 23 10 2019 .
12. UNICEF. “CONVENCIÓN SOBRE LOS DERECHOS DEL NIÑO.” 20 11 1989. 23 10 2019.