Northern Ireland gay and unmarried adoption challenge
The Northern Ireland Human Rights Commission has brought a legal challenge against the Stormont government executive in a bid to force a legislative overhaul of adoption law.The Commission claims the current arrangements discriminate against unmarried and civil partnership couples and so breach human rights.
Gay and unmarried couples in Northern Ireland are being denied adoption rights without any consideration of their ability to provide a loving home, the High Court has heard.
It is argued that the current law is at odds with the rest of the UK. It was also claimed that the law was not in the best interests of children.
Judicial review
Beginning the application for judicial review, Monye Anyadike-Danes QC said: "Northern Ireland is the only part of the United Kingdom which provides a gateway for adoption through which only couples who are married may pass."
Lesbian couple challenge
The challenge has been backed by an unidentified lesbian woman and her partner who want to adopt a child together.
House of Lords
Reference was also made to an unmarried couple from Northern Ireland who won an exceptional right to adopt after taking their case to the House of Lords.
Success
If the Commission succeeds it would remove the adoption ban completely. It is seeking to ensure everyone, irrespective of sexual orientation or marital status, has the opportunity to provide a loving and secure home, the court was told.
Eligiblity for adoption
She stressed that the case was focused on the eligibility stage of the adoption process, rather than the later assessment stage. "That is the right time to look at circumstances," the barrister said. "Not to exclude people with a blanket barrier without even knowing whether they have the qualities to offer a child a nurturing and loving and permanent home." She argued that there was no justification for the alleged discrimination. "The current state of the law, we say, is not something that has been established to be in the best interest of the child."
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