18/10/2012

Gay Adoption Ban Ruled 'Discriminatory'

A ban on gay and unmarried couples adopting in Northern Ireland is discriminatory, a High Court judge has ruled.

Mr Justice Seamus Treacy said people in civil partnerships were being unfairly targeted by the ban.

Currently, a single gay or lesbian person can adopt but a couple in a civil partnership cannot.

The judge said: "Not only do they suffer the same discrimination that unmarried opposite sex couples experience when applying to adopt jointly, they also suffer unjustifiable discriminatory treatment when compared against individual members of an opposite sex couple who can apply to adopt as an individual.

"This is despite the fact that the commitment evinced by choosing to enter a civil partnership ought to be similar to marriage in indicating the security of that relationship."

He added that the ban served to narrow the pool of potential adopters.

He said: "The most important consideration is that decisions are made in the best interests of the child."

Northern Ireland Human Rights Commission (NIHRC) chief commissioner Professor Michael O'Flaherty welcomed the ruling.

"Given the high numbers of children in care, who need a family in Northern Ireland, the importance of this case in widening the pool of prospective parents cannot be overstated," he said.

But Health Minister Edwin Poots has challenged the ruling.

He said it would further delay his department’s plans to introduce the Adoption and Children Bill in the Assembly.

(IT)

Related Northern Ireland News Stories
Click here for the latest headlines.

05 June 2007
Adoption legislation changes dismissed
A legal bid to overturn legislation banning unmarried couples from adopting has been dismissed by a judge in Northern Ireland’s Court of Appeal. The couple launched the case concerning a 10-year-old girl referred to as P as the partner of her mother was not able to adopt her, because they were not married.
08 January 2003
Victim critical after Co Antrim shooting
A man was rushed to hospital last night after a shooting incident in Co Antrim. At around 8.30pm, two masked men burst into the victim's Dunluskin Gardens home in Carrickfergus before shooting him several times. It is understood the man is in a critical condition after undergoing emergency surgery.
11 December 2013
Gay Adoption Ban Removed
A ban on gay couples adopting in Northern Ireland has been removed. The move brings Northern Ireland into line with the rest of the UK. Previously, single homosexuals living in Northern Ireland could apply for adoption, but gay couples were unable to do so.
23 March 2012
'No Change' To Gay Adoption Laws
A current ban on gay and unmarried couples in Northern Ireland adopting will more than likely remain in place, it has been revealed. Attorney General, John Larkin, QC, said adoption laws were to ensure child welfare rather than satisfy the wishes of would-be parents.
26 June 2015
Legal Challange Against Ban On Same Sex Marriage To Proceed
A legal challenge against the ban on same sex marriage in Northern Ireland is to go ahead. Sinn Féin MLA Caitríona Ruane welcomed the decision and commended the two couples who took on the legal challenge. Ms Ruane said: "Today's decision highlights the need for marriage equality for everyone to be extended to the North.