HERMENEUTIC INTERPRETATION OF EQUAL MARRIAGE AND THE RIGHT TO ADOPT IN PERU

Oyarce A.R.; García J.H.; Cueva Quezada N.I. · Revista de Direito (2026) · DOI: 10.32361/2026180122964

Resumen

The general objective of this research was to examine, from a constitutional hermeneutical perspective, the impact of the recognizing same- sex marriage on the right to adoption in Peru, through a systematic review of legal and academic sources. The methodology employed was the documentary analysis method, with the sample consisting of documents indexed in the Scopus, Scielo, and Dialnet databases, as well asuniversity repositories. The results indicate that both same-sex marriage and the right to adoption are legally viable in Peru. Despite resistance from the Constitutional Court, it is argued that a legal framework can be established through a hermeneutical interpretation of the Constitution. In conclusion, the interpretation of these legal institutions must uphold the fundamental rights of equality and non-discrimination while prioritizing the best interests of the child in adoption processes This approach supports the creation of inclusive and respectful norms in alignment with international human rights standards.

Instituciones: Universidad César Vallejo