Abstract:
This legal article aims to carry out a critical analysis on the application of the principle of the best interest of the child and the adolescent in the processes of adoption originated by homoaffective couples, as well as to explore the provisions that protect the minor, as well as to highlight the omission of legislators in relation to the right of homosexual couples. It is noted that there is no defined concept of what would be the best interest of the child and the adolescent, making the interpreter uses subjective factors to effect the best interest. Finally, it is intended to make a study on the principle of the best interest to arrive at a defined concept, with the purpose of attending the underprivileged minor.