Puerto Rico High Court Upholds Ban on Second-Parent Adoption

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The Supreme Court of Puerto Rico, in a 5-4 ruling announced on February 20, has affirmed the island commonwealth’s ban on adoption by same-sex couples.

The decision, reported by El Vocero and picked up by Andres Duques’ Blabbeando blog, came in a suit brought by a woman seeking to adopt her lesbian partner’s daughter. Under current Puerto Rican law, the woman could only adopt the child if her partner were to surrender her parental rights –– a provision that bars what is known as second-parent adoption for same-sex couples.

The majority, Blabbeando noted, accepted arguments that households headed by married heterosexual couples best protect the “well-being” of children and that the US territory’s constitution provides no protections based on sexual orientation.

The high court’s president, Federico Hernández Denton, was among the four dissenters.

Pop singer Ricky Martin, a Puerto Rican gay father, tweeted “So sad. I see this as turning our backs on childhood. So many orphans who want the warmth of 1 home."

Updated 5:17 pm, July 20, 2018
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Reader feedback

Gil says:
Any chance the PR legislature would pass a second-parent adoption law?
Feb. 23, 2013, 1:31 pm
Monica Suarez says:
That ruling drew flak from the LGBT community in the United States. Ricky Martin was proactive in voicing his opposition.
Sept. 19, 2013, 10:28 pm

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