Human Rights Watch says a landmark ruling by Mexico's Supreme Court recognising the right of same-sex couples to adopt children in Mexico City upholds the core principle of equality for LGBT people in all aspects of their lives. The Supreme Court's adoption decision came in response to a challenge brought by the federal attorney general's office to the December 2009 law in the Mexico City federal district that extended the definition of marriage to include marriage between same-sex couples. The attorney general's office contended that the law breached the concept of family and the "best interest of the child" guaranteed in the constitution by allowing LGBT couples to adopt. The court, however, said that the definition of a family is not restricted to one formed by a man and woman. The court cited the European Court of Human Rights judgment in E.B. v France, which held that a single lesbian woman could not be denied the right to adopt a child due to her sexual orientation and reiterated that same-sex couples should have the same rights to adopt as heterosexual couples and single parents to fully guarantee equality and freedom from discrimination. Human Rights Watch says it made clear that the "best interest" of the child is to have a loving family, regardless of the sexes of the family members. Researcher for the group's LGBT rights program Juliana Cano Nieto says the adoption ruling confirms that the state cannot withhold any legal rights on the grounds of a person's sexual orientation and gender identity. "This decision will have resonance for courts throughout the continent for protecting the basic human rights of LGBT people." "The Supreme Court's decision is clear cut: prejudice should not interfere in guaranteeing family rights," Cano Nieto says. The adoption decision comes the week after the court ruled to allow same-sex marriage in the country. Mexico is the 11th country in the world to provide full marriage rights, along with the Netherlands, Belgium, Portugal, Spain, Canada, South Africa, Iceland, Norway, Sweden, and Argentina. States including Iceland, the Netherlands, Spain, Sweden, and the United Kingdom allow same-sex couples to adopt children jointly. Uruguay allows adoption by same-sex couples joined by a civil union. Denmark, Germany, and Norway permit one lesbian or gay partner to adopt the other's children.
Credit: GayNZ.com Daily News staff
First published: Wednesday, 18th August 2010 - 1:21pm