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Same-sex adoption in Brazil is legal according to the Superior Court of Justice of Brazil , as stated in a court decision on April 27, The change was a milestone in the country's LGBT history. The ministers Justices underlined that neither the Statute of Children and Adolescents of , nor the Civil Code of , much less the Federal Constitution of , define any restrictions as to gender, marital status or sexual orientation of the adopter. This allowed the couple to adopt any child, regardless of age or sex of the child.
The decision of the Supreme Federal Court opened the way for other same-sex couples to be accorded the same right in the country. Adoption by homosexual individuals started in Brazil in , the first recorded case occurring in the state of Rio de Janeiro. Joint homosexual adoption started in Brazil in The first recorded case occurred in the state of Rio Grande do Sul , and subsequent cases have occurred in all five Regions of Brazil.
The favorable decision by the Superior Court of Justice only solidified the cases which were already approved. The women had been living in a stable union for seven years. One of them had been responsible for the guardianship of the boys since their birth. The adoption occurred in the State of Rio Grande do Sul, by a lesbian couple. Same-sex couples in committed relationships were allowed to register at any notary public office. Although it did not affect federal rights , it gave same-sex couples more equality in many areas.
Same-sex couples who register have the right to jointly own property, establish custody of children, and claim the right to pensions and property when one partner dies. One man had already adopted the girl.
The name of his partner was then added to the birth certificate. Gay women have been granted adoption rights twice before, but this was the first time they were given to men.