On 1 August Austria introduced legislation which allows for second-parent same-sex adoption. This move comes just five months after the European Court of Human Rights in Strasbourg (ECtHR) held that Austria had violated the European Convention on Human Rights due to its stance on same-sex adoption. Bulletin readers may recall that in February this year the ECtHR said that Austria had violated Article 14 (prohibition of discrimination) and Article 8 (right to privacy and family life). The Austrian Supreme Court had previously decided that adoption by a second parent for same-sex couples was not possible.
Previously the status of a legal parent in Austria was automatically conveyed to the parent who had a biological connection with the child. In same-sex couples this resulted in one parent being denied legal parental rights. Similarly, if same-sex couples wished to adopt a child together there could be only one legal parent.
Austria has become the thirteenth European country to introduce such legislation. Same-sex adoption is not provided for under Irish law. Bulletin readers may recall that in October 2012 Northern Ireland's High Court held that a ban preventing same-sex and unmarried couples from adopting children was discriminatory.
Click here to read a FIDH (International Federation of Human Rights) press release about the case.