Adoption by same-sex couples: global trends, problems and prospects

Abstract

The article is devoted to the consideration of the problems and peculiarities of the regulation of adoption (adoption) relations by same-sex couples in the legislation and law enforcement practice of foreign countries, the characteristics of the conditions and restrictions on the adoption of children by such partnerships, the study of the normative principles of adoption in Ukraine, the practice and prospects for the application of this institution, the formulation conclusions and proposals for improving the national system of legal regulation of adoption relations, protection of children’s rights and interests.
 The article notes that in Ukraine, as in many countries of the world, the institution of adoption of children by same-sex couples does not exist as such due to the provisions of public order, which provide for the possibility of concluding exclusively a traditional classical marriage between a man and a woman.
 At the same time, in the national legislation of those states in which same-sex marriages / partnerships are recognized and equated in legal status with registered marriages, opportunities are gradually provided for the adoption and further education of children by same-sex couples. In such countries, registered partnerships provide for the care and education of children both as a result of their birth as a result of surrogate motherhood and as a result of adoption. Analyzed sociological and psychological studies prove that children raised in same-sex couples are generally less successful, have some problems with adaptation and social communication, but they receive more care and attention than they would receive in orphanages or other institutions. organizations of this type.
 The legislation of Ukraine does not recognize consanguineous marriages and partnerships, accordingly, such families are deprived of the right to adopt children under national legislation. At the same time, taking into account the global trends in both the perception of same-sex marriages/partnerships and the granting of them the opportunity to adopt children, as well as the development in Ukraine of the draft Law on the Institute of Registered Partnerships No. 9103, we note the possibility of changes in the legislative approach in the regulation of these relationships.