Argentine married couple granted custody of kids

Timothy Kincaid

September 3rd, 2013

The Google Translate of this article is atrocious, and my Spanish is no where near adequate to make a translation on my own. But the gist of this article is that a judge has, for the first time, granted temporary guardianship (a step towards adoption) to a same-sex married couple.

After months of legal proceedings and disputes rough, a gay couple married two years ago thanks to the law of marriage equality achieved temporary guardianship for adoption purposes two missionary brothers 9 and 11 years, after the judge Pablo Fernández Rizzi and decided at today’s hearing.

The marriage, held by Juan Castro and Pablo Silva, natives of Tierra del Fuego, is located in Mission for more than a month, and last week managed Rizzi , deputy of his counterpart in the Civil and Commercial of Puerto Iguazu, Ricardo Gerometa, resolved to grant precautionary manner simply keep the two minors. Now the judge enabled the couple to remain in charge of the children, so that may travel to the province to live with them .

This is a bit confusing, as Argentina has allowed adoption rights to same-sex couples since 2010. Perhaps this is simply the first case in which a judge granted the formal process.


September 3rd, 2013

The mid’s mother had died, and the grandmother was unable to care for them. The children were put under the state’s care, where they had made it clear that they wanted to be adopted together. The older of the brothers had been considered ready for adoption, while the minor was still in transition inside the system.

The issue comes when a female lawyer brings the minor into her home for acclimation, and it seemed that she was moving to adopt the little brother. The gay couple argued that they had made it known that they wanted to adopt BOTH, as did the brothers, so the female lawyer had no right to the little brother. Upon closer inspection by the court it was deemed that the process by which the female lawyer had acquired the little brother was suspect and irregular, and the court decided that the brothers were to be united under the guardianship of the gay couple.

Essentially, the issue was whether the gay couple would qualify as a family to make the claim against the female lawyer who sought guardianship of the younger brother, and because of the marriage equality law they were deemed viable candidates and prevailed.


September 3rd, 2013


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