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Human Rights Update

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28 February 2008 / Susan Nash
Issue: 7310 / Categories: Features , Public , Family , Human rights
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Human Rights

FAMILY LAW

 

Adoption 

In EB v (App No 43546/02) [2007] ECHR 211 (Mar) the applicant alleged that her application to adopt a child was rejected by the French authorities because of her sexual orientation. During the adoption process, she had mentioned her stable relationship with another woman. Relying on Art 14 of the European Convention on Human Rights (the Convention), which prohibits discrimination, combined with Art 8, which guarantees the right to private and family life, she complained that she suffered discriminatory treatment during the adoption process on account of her choice of lifestyle.

 

The reasons given by the authorities for rejecting her application were the lack of “identificational points of reference” due to the absence of a paternal image, and the ambiguous nature of her partner’s commitment to adoption. The Conseil d’État was satisfied that the decision was based on the interests of an adopted child. noting that French law provided for adoption by single people, the European Court of Human Rights

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