Senior judges today paved the way for same-sex and unmarried couples to adopt children in Northern Ireland.
The
Court of Appeal dismissed a bid by the North’s department of health to
overturn a landmark ruling that the prohibition is unlawful.
However, a
further challenge may now be mounted at the Supreme Court in London.
In
October last year the ban based on relationship status was held to
discriminate against those in civil partnerships and to breach their
human rights. A High Court judge found excluding some would-be parents
solely on their relationship status narrowed the pool of potential
adopters and could not be in the best interests of children.
His verdict came in a legal challenge mounted by the Northern Ireland Human Rights Commission. The body is seeking to force a legislative change to bring adoption laws into line with the rest of the UK.
Unmarried
couples in England, Scotland and Wales can apply jointly to be
considered for adoption, irrespective of sexual orientation. But anyone
unmarried in Northern Ireland is currently only eligible for
consideration as an individual. Those in civil partnerships cannot apply
either individually or as a couple.
Judicial
review proceedings centred on the blanket ban imposed on same-sex and
unmarried couples by the Adoption (Northern Ireland) Order 1987.
The
Commission was backed by an unidentified lesbian woman who wants to be
able to adopt her partner’s biological child. The women, who have been
in a relationship for four years, also wish to enter a civil partnership
to signify their commitment.
Attorney General
John Larkin QC appealed against the High Court ruling on behalf of the
Department. He argued that the current criteria is lawful, appropriate,
had public support is in the best interests of children.
But
Lord Justice Girvan today stated: “The Department has put forward no
justification to exclude same sex couples as parties eligible to adopt
as a couple.” He also held that no proper explanation was advanced for
why same sex partners being rendered ineligible once they publicly
cement their relationship. “This cannot provide a rational basis or
justification for the differential treatment of those in a civil
partnership compared to same sex couples outside a civil partnership.”
The
judge, sitting with Lord Chief Justice Sir Declan Morghan and Lord
Justice Coghlin, expressed regret that until recently the Department’s
website failed to give correct advice on the issue.
“If it is to avoid
being misleading Departmental guidance must take account of the effect
of the law as it currently stands,” he said. “It must this take account
of the outcome of the present appeal.”
Following
confirmation that the challenge had been dismissed a barrister for the
Department indicated that a further appeal to the Supreme Court may be
sought.
The Commission’s Chief Commissioner,
Professor Michael O’Flaherty, welcomed the verdict. He said: “It means
that Northern Ireland law is in line with the rest of the UK and means
that couples who are not married, those in civil partnerships and same
sex couples will now be allowed to apply to be considered as adoptive
parents. The Court has agreed with the
Commission that preventing someone from even being considered to adopt
because of their relationship status is a discriminatory practice.”