Compass Gender: Panamanian National Assembly Approves Anti-LGBTQ+ Adoption Bill

Panama’s new adoption bill threatens a steady improvement of LGBTQ+ rights in the region. (Flickr)

The Panamanian National Assembly approved an adoption bill on March 3 that includes provisions to ban same-sex couples from adopting children. Panamanian legislators introduced this law, titled Bill 120, in response to reports of abuse in government-run childcare facilities with the goal of keeping children with their biological parents.

However, Article 22 of the bill sets provisions that allow a man and a woman “united in marriage or a common-law marriage for a minimum of two years” to adopt, and Article 26 allows for joint adoptions only “when the people are spouses or in a common-law marriage and are of different sex.” 

As a country that has not legalized same-sex marriage, these two provisions effectively prevent gay and lesbian couples from adopting as a couple. Though single LGBTQ+ people are still allowed to adopt in the country, this can quickly result in problems with custody within gay and lesbian couples.

Following the successful passage of this bill in the national assembly, the bill has been sent to be signed by Panamanian President Laurentino Cortizo, who has the power to veto or alter parts of the bill. However, Cortizo has not made a statement on how he plans to proceed.

Human rights groups around the world have spoken up against this bill. Human Rights Watch  (HRW) called for Cortizo to veto the bill, stating that it would “violate international human rights standards on non-discrimination, respect for private and family life, and the rights of the child, and perpetuate prejudices about lesbian, gay, and bisexual (LGB) people.” 

“President Cortizo has an opportunity to affirm his government’s commitment to the rights of same-sex couples and he should seize it,” HRW researcher Cristian González Cabrera added.

In an interview with the Washington Blade, President Chanis Barahona of Fundación Iguales—a Panamanian pro-LGBTQ+ advocacy group—stated that the process for passing this bill was rushed by the proponents, with some lawmakers not having the opportunity to read it in full. Fundación Iguales also submitted a letter to Cortizo, stating, “It is the government’s duty to ensure the faithful compliance of our National Constitution without (extending) privileges to one group at the expense of another, and to comply with international human rights commitments, which are based on the dignity and well-being of people, without any kind of distinction.”

Despite concerns from activists about this bill, the government consistently insists that it is inclusive and committed to preventing anti-LGBTQ+ sentiments. In July 2020, the Minister of Public Security in Panama released a Twitter statement proclaiming that the country is “respectful of human rights and reject all types of violence, xenophobia, homophobia, transphobia or discrimination, regardless of who it comes from.” 

Currently, adoption by same-sex couples is legal in Mexico, but Nicaragua, Guatemala, Belize, and Costa Rica still only allow for single LGBTQ+ individuals to adopt. Activists and international lawyers within and outside of Central America continue working to reverse these policies.

 “Same-sex couples are equally capable of raising children as different-sex couples,” said Cabrera. “They should not be excluded from the opportunity to provide for children who may be in need of a caring and loving home.”