Overview

This paper seeks to analyse the application of constitutional principles in cases of extended maternity leave for male couples in same-sex relationships who adopt a child. It demonstrates that, although maternity leave benefits are linked to the figure of the mother, it is entirely possible to extend this right to a man, given his capacity to be the maternal figure necessary for the child. However, despite this, such benefits are still not granted to these couples in the same way as they are granted to women who adopt. As a result, they need to seek the help of the judiciary to resolve the situation. To this end, we will analyse principles, the constitution itself and the relevant legislation to verify the possibility of extending this benefit to such couples.

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