International Adoption Guide

Another landmark equality declaration - this time for gay adoption

Yesterday, 11th April 2013

GGR welcome outcome of adoption case

Following what Equality Rights Group described as ‘another landmark equality declaration by the Supreme Court’, the organization has welcomed the Chief Justice’s ruling in the case of a long-term established lesbian couple’s adoption application.

“Equality Rights Group warmly congratulates the couple (whose names are withheld in confidence) on their success in Court. They have been brave and determined in their application, despite social pressures, out of love for their child and for each other. GGR will continue to support individuals, regardless of any status, in just human and civil rights claims before the Courts, and we once more extend our gratitude to Hassan’s lawyer John Restano for his tireless and generous work in favour of people’s rights in our community.,” they said.

‘It will be recalled that in the 2009 Privy Council’s same-sex housing case involving Nadine Rodriguez and Alicia Muscat, the judgment of the UK’s highest court for overseas territories held, amongst other issues, that treating same-sex couples differently to heterosexual couples was overall discriminatory. Building on this and on other case-law, the unequivocal judgment of the Supreme Court in the positive on the issue of same-sex adoption is a step forward – but, importantly, not only just for gay couples, but also for heterosexual unmarried couples who now also have their rights to adopt protected under the Constitution. We believe it is right for the law to apply to all equally and not to create separate rights for different sectors. In our view, this is a fundamental doctrine our legal system should always uphold, and it is the reason why we, along with Unite the Union, believe civil partnership should be available to both LGB and opposite-sex couples,” said the GGR.

“This judgment, however, is primarily about the rights of the child since, far overarching the rights of couples to be equally considered for adoption, however, the adoption process will always have to surmount the major hurdle of importance, which is, regardless of sexual orientation or civil status, the primary right of the child to a loving and stable home. That singular concern will always be paramount in any adoption procedure. In this particular case, the Court has been satisfied that these conditions are met, and in future all applications will be treated with exactly the same respect,” the statement ends.