El problema de la homosexualidad y la filiación en ChileSituación en España y soluciones de derecho comparado

Resumo

This paper analyses the existing Chilean problem about the children of gay couples. The interest on the issue arises following the recent judgement of February 23 of 2016, of the First Family Court of San Miguel, by which the personal care of a five years old minor was granted of the woman, who was the former partner of the biological mother. The judgment is controversial because unlike Spain, in Chile is not approved the gay marriage, or the adoption by gay couples. It has only regulated for gay couples, the civil union agreement, but it has no effect on the filiation. The lack of a clear regulation on the possibility of establishing filiation in favour of homosexual couples also produces many legal problems in Spain. Therefore, this paper will analyse the situation in both countries: Chile and Spain, trying to provide possible solutions from the comparative law.