Consuelo Morales Aros, 38, and her partner Pabla Heuser Amaya are overjoyed.
The two women, who have been together for 16 years, were among the first to tie the knot in Chile on Thursday after a landmark law allowing same-sex marriages went into effect.
Since 2015, same-sex couples have been able to enter into a registered civil partnership in the predominantly Catholic country.
But while membership in a registered partnership meant same-sex couples enjoyed more legal benefits than before, those benefits lagged behind those afforded to married couples, particularly in relation to children and their care.
Consuelo says she and Pabla are getting married for the sake of their two-year-old daughter, Josefa.
“It was our dream that we would both become her parents,” says Consuelo, explaining that they got Josefa through cross-fertilization. Consuelo delivered the egg and Pabla implanted the embryo and carried the pregnancy to term.
But so far only the woman giving birth – in this case Pabla – has been legally recognized as the birth mother of the child.
For Consuelo, this meant that she had no legal say in Josefa’s medical care. And if she had separated from Pabla, she would have had no legal rights as to Josefa’s custody or education.
The marriage will allow the two women to register Josefa not only as Pabla’s daughter but also as Consuelo’s daughter.
Pabla says she’s thrilled her daughter “will finally have the two mothers she deserves, instead of just one.”
Chile’s LGBT community had long pushed for legalizing same-sex marriage, but a bill to that end sat in Congress for four years.
The law, introduced by left-wing President Michelle Bachelet in 2017, was eventually pushed through by her right-wing successor Sebastian Piñera in December 2021 – much to the shock of some of Mr Piñera’s party colleagues and the Catholic Church.
Three months later, it finally came into force.
Javier Silva and his partner Jaime Nazar were the first to marry under the new law after being “lucky” when the dates opened up and they got first place.
Like Consuelo and Pabla, they too want full legal status as parents.
The couple have two children, 20-month-old Clemente and four-month-old Lola María.
Jaime is Clemente’s biological father and Javier is Lola María’s biological father. Both children were born to a surrogate mother in Colombia.
The couple say they are relieved that they can now be legally recognized as the parents of Clemente and Lola María.
Javier explains that under the old rules, if Jaime had died, he would have had no legal rights to Clemente. All rights would have automatically gone to Jaime’s parents as Clemente’s next of kin.
While Javier and Jaime say they’ve always chosen surrogacy, they’re glad the new law will make things easier for same-sex couples seeking adoption.
Previously, only one of the two people in a same-sex partnership could assume and hold parental rights and responsibilities.
Javier also finds that same-sex couples have not been viewed favorably. “Same-sex couples always come last when it comes to adoption.”
According to Isabel Amor, there are hundreds of same-sex couples who want their children to be legally recognized.
Ms Amor, the executive director of LGBT rights group Fundación Iguales, says her organization is in contact with about 300 families, but that there are likely many more who will ultimately benefit from the change.
She says that by passing the bill, lawmakers have finally caught up with the reality of what many Chileans wanted.
“This law allows us to show a new type of family unit,” she says.
Add Comment