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Adoption Judicial Review

Context

In this case, the Commission noted a disparity between Adoption Law in Northern Ireland and the rest of the UK. In other jurisdictions in the UK, unmarried couples and those in civil partnerships could apply to adopt. In Northern Ireland such couples could not adopt.

Associated Court Rulings

  • Northern Ireland Human Rights Commission’s Application [2012] NIQB 77
  • Northern Ireland Human Rights Commission’s Application [2013] NICA 37

Human Rights Laws engaged

The Commission’s challenge was to the eligibility criteria only, a legal opportunity created through statute by virtue of Article 14 and Article 15 of the Adoption Order (NI) 1987. The Commission argued that the eligibility criteria in Northern Ireland was discriminatory towards unmarried couples and those in civil partnerships. In Northern Ireland these persons could not apply to adopt but in the rest of the UK, such persons could. The Commission argued that this infringed upon Articles 8 and 14 of the European Convention on Human Rights (ECHR).

Current Status

The NI Court of Appeal ruled that Northern Ireland law should be brought into line with the rest of the UK, meaning unmarried couples, those in civil partnerships and same sex couples should be allowed to apply to adopt. Since December 2013, such couples are allowed to apply to adopt, with the final decision regarding the granting of an adoption order lying with the court, as in any case of adoption.

Article 8: Right to privacy

  1. Everyone has the right for his private and family life, his home and his correspondence.
  2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 14: Discrimination

The enjoyment of the rights and freedoms set forth in this convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

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