One is Chilean and the other is American. They were married in 2010 in the state of Connecticut, United States, because same-sex marriage is allowed there. They adopted two children and started a family.
They traveled to Chile, but when they wanted to enroll their children in the country, they were told that it was not possible because the current law does not allow it and only one parent could be recognized and not both.
After fighting three years, only in June 2020, the Civil Registry recognized both parents in an unprecedented ruling where the best interests of minors prevailed above all forecast.
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A three year wait
“In this procedure, what we ask the court to do is order the Civil Registry to rectify the birth certificate of the children, incorporating both parents, the missing father, in short; why these children indeed had two parents and thus it consists of their original birth certificate the one they brought from the United States, ”explained the lawyer in the case, Daniela Hirsch.
Hirsch comments that the court agreed with them in July 2017 and points out that, in accordance with all international regulations, protection of children’s rights, protection of human rights, anti-discrimination rules and also local rules, it was appropriate to give them this full recognition to these parents. Thus, the Civil Registry had indeed incurred arbitrary discrimination by not registering the second parent, therefore ordered to do so.
After three years of silence, the service presented different legal and technical impossibilities and when requesting enforcement measures against the entity, but these were denied by the court. It was then that decide to resort to the Court of Appeals, which decreed these measures so that the service fulfilled what was requested.
However, and to top it off, the service replied that “they could not comply because their system did not allow it. And what they did then was comply by enrolling the second father in the category of mother, ”explained lawyer Hirsch.
After much insistence, the Civil Registry made a modification to its system and incorporated both parents on the birth certificate of both children.
Also read: Justice ordered the Civil Registry to register twins with the surnames of their two mothers
A historical failure
He Homosexual Integration and Liberation Movement (Movilh) described the measure as “an advance that marks a milestone for single parent families and it opens the door for full equality and full respect for the best interests of the boy and girl ”.
So, this becomes the second case of this nature, since on June 8, the 2nd Family Court of Santiago, recognized before the law that a child had two mothers.
“Finally, we have today, fully recognized in Chile a homoparental family“Celebrated his lawyer.