Comaternidad/Copaternidad: la familia homoparental la realidad jurídica de sus derechos humanos

Abstract

Establishing from the beginning for this study the analysis of the catalog ofHuman Rights that do not admit discrimination as they are; gender, sexual preferences andmarital status, it must be admitted that the homoparental family is a socio-legal reality, itupdates various legal concepts among which filiation, family, non-discrimination, identity standout, in the international context of Interest Superior of the Child. The legal affiliation that arisesfrom the homoparental family is Comaternity and / or Co-parenthood, as the right toprocreation, raising children, in marriage and towards the family. This study will review theinternational, national and local legislation on the matter and will discuss in a criticalpropositional attitude regarding the controversies in order to contribute to the reflection aboutthe legal disharmonization in the country and its regions, a fact that, as we will see, legallyviolates individuals, families and communities. The Federal Court issued the sentence thatallows the homoparental marriage to obtain the civil registration in the State of Morelos,Mexico, this resolution marks a legal precedent and thus obliges the authority of the CivilRegistry based in Cuernavaca, Morelos, the duty to issue the Birth Certificate under theconstitutional principles of Human Rights and its correspondence in Private International Law.