Matrimonio y adopcion por parejas del mismo sexo. El caso del D.F., México

Abstract

The primary content of this thesis is to take a different approach to the emergence of marriage between same sex and their ability to adopt in the capital of Mexico. We begin by arguing that marriage is an institution that has inevitably evolved over time in the western hemisphere, so that has turned into a legal and social issue, now far removed from the traditional approach initially formed by a man and a woman with purposes of procreation. The proven choice of procreation without sexuality and sexual intercourse without procreation, added to the changes in gender equity (where the situation of women has occupied a central place in the history of marriage) as well as the progress of fundamental rights and in short, social changes characteristic of the history, proves the characterof a cultural institution, and therefore not a natural one. Mexico is a secular state since the nineteenth century and it is imperative to safeguard this tradition, which has not been fully respected since then. This is crucial because the influence of religious beliefs in the country have been key to oppose gay marriage and adoption, without overlooking other such ideological prejudices that lack of legal bases to attack it. After the reforms set out, we analyze thoroughly the constitutional motion filed with the Supreme Court of the Nation and analyzed its discussions and conclusions. This is a very interesting chapter in the thesis: both from the academic and legal perspective. Speaking of Spain as an almost obligatory reference to our culture, several sections are devoted to domestic partnerships as a precedent of marriage and adoption, because we conclude that in these cases is not always favored equality before the law when trying to adopt, as not all same-sex couples can do (if not married) given the heterogeneity of regional laws that prevent it. In the same context, the document refers to homo family studies and international instruments that supported the marriage in Spain. As for the adoption in Mexico, the concerns addressed to their status before and after recent changes in the law, and realize the abandonment of thousands of children that could be adopted by couples of the same or opposite sex. Legal science has collected these changes especially in societies with democratic vocation demanding the inclusion of all subjects regardless of their differences in the context of a rule of law. Thus, marriage is a contract or legal act covering in general the economic regime of the spouses, inheritance, rights and obligations between them and to their biological or adoptive children and even dissolution. This is a voluntary agreement where the sexual orientation of its members is not an impediment to its conclusion, and do not alter its essence. Finally, we sustained the constitutionality of the changes in Mexico's Institutional Guaranties, which have not been widely developed in Mexico, so it is suggested to deepen its analysis in order to differentiate human rights inherent in people, but not institutions, taking into account that it is an extremely complex concept that becomes confused and sometimes include the above mentioned human rights.

Date of Award	26 Sept 2012
Original language	Spanish
Supervisor	Pilar Gimenez Alcover (Director) & Maria Jose Rodriguez Puerta (Tutor)