A BAN on gay and unmarried couples adopting in Northern Ireland is unlawful, a High Court judge ruled yesterday. Mr Justice Treacy held that the prohibition based on relationship status discriminated against those in civil partnerships and breached their human rights.
He said: “Excluding persons from the whole adoption process on the sole basis of their relationship status can only serve to narrow the pool of potential adopters which cannot be in the best interests of children.” His landmark verdict followed a challenge mounted by the Northern Ireland Human Rights Commission.
The body is trying to force a legislative change to bring adoption laws in line with the rest of the UK.
In England, Wales and Scotland unmarried couples, irrespective of sexual orientation, can apply jointly to be considered for adoption, but those unmarried in the North are currently only eligible for consideration as individuals. Those in civil partnerships cannot apply individually or as a couple.
The ruling is to be challenged by Northern Ireland Minister for Health Edwin Poots.