Tratamiento jurídico de la parentalidad de las personas con discapacidad en Chile

This article aims to analyze Chilean family law jurisprudence concerning the treatment of parenthood relationships involving persons with disabilities. The research systematizes the case law found around the following topics: child support, adoption, personal care, and visitation rights. This analysis reveals the concrete way in which Chilean courts use disability as an element in their decisions, but it also shows that Chilean courts have gradually moved away from long-established prejudices—such as the belief that persons with disabilities are inherently incapable of assuming caregiving roles—to adopt a position that seeks to treat disability as a neutral element. However, this approach suffers from the problem that the State, including the judiciary, cannot assume a passive role regarding the right of persons with disabilities to enjoy parenthood-related rights on an equal basis with others.