On 18 October 2012, the Northern Ireland High Court ruled as unlawful a ban preventing same sex and unmarried couples adopting children.
In a Judicial Review case taken by the Northern Ireland Human Rights Commission (NIHRC), the High Court looked at the compatibility of the Adoption (Northern Ireland) Order 1987 with the European Convention on Human Rights (ECHR) and found the legislation to be discriminatory. Click here to read the case.
Under the 1987 order, single men and women (regardless of sexual orientation) and married couples could apply to adopt. Unmarried heterosexual couples, same sex couples and couples in civil partnerships, however, could not apply.
Mr Justice Treacey, agreeing with the Northern Ireland Human Rights Commission, held that preventing someone from being considered to adopt because of their relationship status is a discriminatory practice. He considered the best interests of the child stating that “through this case the Commission has sought to protect the best interests of the child given the high numbers of children in care, who need a family in Northern Ireland ....the importance of this case in widening the pool cannot be overstated”
The Northern Ireland Human Rights Commission welcomed the landmark ruling. Click here to view a press release.
The ruling is to be challenged by Northern Ireland Minister for Health Edwin Poots.
Click here to read a newspaper article.
In related US news, the Alabama Court of Civil Appeals ruled on 19 October, that an Alabama law defining marriage as between one man and one woman, prevented a woman from adopting her female partner’s child. It is unclear whether the couple intend to appeal the case further. Click here to read a Jurist article.