mentioned several judgments issued by national courts that used scientific investigations as documentary evidence to affirm that the child’s best interest is not injured by the parent’s homosexuality.149 129. The Court notes that the American Psychological Association, referred to by the expert, has stated that existing studies on this matter are “impressively consistent in their failure to identify any deficits in the development of children raised in a lesbian or gay household […] the abilities of gay and lesbian persons as parents and the positive outcome for their children are not areas where credible scientific researchers disagree”150. Therefore, the expert concluded that: Where speculation about potential future harm to a child´s development is soundly refuted by all available social science research, such speculation cannot possibly establish the evidentiary basis for a custody 151 determination . 130. The Court observes that, in the instant case, the Supreme Court of Justice of Chile did not issue a judgment based on an analysis in abstracto of the alleged impact of the mother’s sexual orientation on the girls’ development152, but instead cited the alleged Orthopsychiatry Vol. 65, 1995, Page. 203; K. Vanfraussen, I. Ponjaert-Kristofferson, A. Breways, Family Functioning in Lesbian Families Created by Donor Insemination, in: American Journal of Orthopsychiatry Vol. 73, 2003, Page. 78; Marina Rupp, The living conditions of children in same-sex civil partnerships, Federal Ministry of Justice of Germany, 2009, page 27; Henry M.W. Bos, Frank van Balen, Dymphna C. van den Boom, Experience of parenthood, couple relationship, social support, and child-rearing goals in planned lesbian mother families, in: Journal of Child Psychology and Psychiatry Vol. 45, 2004, page 755; Rafael Portugal Fernández, Alberto Arauxo Vilar, Aportaciones desde la salud mental a la teoría de la adoption en parejas homosexuales, in: Avances en salud mental relacional Vol. 3, 2004. This last study indicates that “no significant differences are found between homosexuals and heterosexuals in terms of the effectiveness with which they exercise their role as parents” and that “the research carried out to date unanimously indicates that there are no significant differences between children raised by homosexuals and children raised by heterosexuals in terms of sexual identity, sexual roles, sexual orientation, sexual relationships with peers and adults, relationships of friendship, popularity”; Stéphane Nadaud, «Quelques repères pour comprendre la question homoparentale», in: M. Gross, Homoparentalités, état des lieux, Ed. érès «La vie of l’enfant», Toulouse, 2005, and Fiona Tasker, Susan Golombok, Adults Raised as Children in Lesbian Families, in: American Journal Orthopsychiatry Vol. 65, 1995, Page. 203. Cf. Written statement rendered by the expert Allison Jernow on September 16, 2011 (record of merits, volume XI, pages 5079 and 5080). 149 Cf. written statement rendered by the expert Allison Jernow on September 16, 2011, mentioning the cases of Re K and B and Six Other Applications, Ontario Supreme Court, May 24, 1995, para. 89; Boots v. Sharrow, Ontario Supreme Court of Justice, 2004 Can LII 5031, January 7, 2004; Bubis v. Jones, Ontario Supreme Court, 2000 Can LII 22571, April 10, 2000, Supreme Court of Justice (Brazil) Public Ministry of the State of Rio Grande do Sul v. LMGB, April 27, 2010; District Court of Porto Alegre (Brazil), Adoption of VLN, No. 1605872, July 3, 2006 (record of merits, volume XI, page 5082 and 5083). 150 Cf. written statement offered by the expert Allison Jernow on September 16, 2011 which cites: Amicus Curiae brief presented by the American Psychological Association, Arkansas Psychological Association, National Association of Social Workers and National Association of Social Workers, Arkansas Chapter, in Department of Human Services v. Matthew Howard, Supreme Court of Arkansas (December 2005) at 10-11 (“The APA has described the studies as 'impressively consistent in their failure to identity any deficits in the development of children raised in a lesbian or gay household […] the abilities of gay and lesbian persons as parents and the positive outcome for their children are not areas where credible scientific researchers disagree'”). Cf. written statement rendered by the expert Allison Jernow on September 16, 2011 (record of merits, volume XI, page 5081). 151 Cf. written statement rendered by the expert Allison Jernow on September 16, 2011 “Where speculation about potential future harm to a child’s development is soundly refuted by all available social science research, such speculation cannot possibly establish the evidentiary basis for a custody determination.” (record of merits, volume XI, page 5083). 152 The Supreme Court referred to the testimonies given by the house maids regarding the girls’ alleged confusion over roles. Cf. Judgment of the Supreme Court of Justice of Chile of May 31, 2004 considering paragraph 15 (record of appendices to the petition, volume V, page 2672). 44