Thursday, October 18, 2012

Northern Ireland's gay and unmarried adoption ban ruled unlawful

The verdict came in a challenge to adoption laws brought by the NIHRCNorthern Ireland's Health Minister is to "urgently appeal" a ruling by the High Court in Belfast, which found that the ban on gay and unmarried couples adopting children is unlawful.

Edwin Poots said he is "not convinced" that today's judgment is in the "best interests of some of the most vulnerable children in Northern Ireland".

The challenge ruled on by Belfast High Court was brought by the Northern Ireland Human Rights Commission, backed by an unidentified woman who wanted to be able to adopt her partner's biological child.

She also wished to enter a civil partnership to signify their commitment.

At present in Northern Ireland, a single gay or lesbian person can adopt but a couple in a civil partnership cannot.

In England, Wales and Scotland, unmarried couples, irrespective of their sexual orientation, can apply jointly to be considered for adoption.

Delivering judgment today, Mr Justice Treacy ruled that the ban was both unlawful and irrational.

He described as discriminatory present legislation that entails that a gay or lesbian person must choose between being eligible to adopt, or affirming their relationship in public via a civil partnership ceremony.

NIHRC Chief Commissioner Professor Michael O'Flaherty welcomed the ruling.
Prof O'Flaherty said: "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 of prospective parents cannot be overstated."