Maternity Benefit for Childbirth and Adoption for both Spouses in case of Homosexual Marriage

Abstract

The new family models cause problems related to the implementation of social legislation which has become outdated in some aspects. This is the case in the judgment of the High Court of Madrid of 07/07/2014 that analyzed whether in case of homosexual marriage "formed by two women", a maternity benefit by adoption can be recognized taken into consideration that other spouse, biological mother of the adoptee, has enjoyed the entire maternity leave for childbirth.