The European Court of Human Rights has ruled refusing gay couples the right to adopt a child because of their sexual orientation is discriminatory and in breach of the European Convention of Human Rights, on the same day as legislation that will grant new rights to gay and lesbian parents has been approved by the Britain's House of Lords. On Monday, the European Court of Human Rights delivered its judgement on gay adoption in the case of E.B. v France. Ms. E.B. is a lesbian nursery school teacher who has been living with another woman since 1990. She applied for approval as a possible adoptive parent in February 1998, but her application was rejected. The Court held that there had been a violation of Article 14 (prohibition of discrimination) in conjunction with Article 8 (right to respect for private and family life) of the European Convention on Human Rights. Patricia Prendiville, Executive Director of ILGA-Europe, told PinkNews.co.uk: "We welcome today's judgement of the European Court of Human Rights. This is a significant change in the Court's approach towards and interpretation of the rights of LGBT people under the European Convention on Human Rights. "Today the Court firmly established a principle that administrative officials cannot discriminate against an individual on the basis of her/his sexual orientation in the process of applying to adopt a child." Meanwhile, Britain's House of Lords passed The Human Fertilisation and Embryology Bill on Monday. The measure recognises same-sex couples as legal parents of children conceived through the use of donated sperm, eggs or embryos. A woman who gives birth and her civil partner will both be recognised as the parents of a child conceived through assisted reproduction, and two men will be able to apply for a parental order to become parents of a child conceived through a surrogacy arrangement. Health minister Lord Darzi explained the government's position: "It is generally considered to be beneficial for a child to have a mother and a father, and many fathers play a significant and important role in their children's lives," he told the House. "We also recognise that same-sex couples and single mothers can, and do, offer loving and supportive environments for raising children. "Parliament has passed legislation allowing the legal recognition of civil partnerships and preventing discrimination on the grounds of sex and sexual orientation. "The Bill provides for civil partners and same-sex female couples to be named as the parents on birth certificates. We feel that retaining the need-for-a-father provision, or indeed any other provision that mentioned a mother and a father, would be inconsistent with the wider government policy of promoting equality."
Credit: GayNZ.com News Staff
First published: Thursday, 24th January 2008 - 8:42am