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Family Law

The leading authority on all aspects of family law

22 JAN 2008

ADOPTION: EB v France (ECHR)

(European Court of Human Rights; 22 January 2008)

The French authorities had breached Article 8 taken in conjunction with Art 14, in refusing to allow the lesbian applicant to adopt because there was no paternal referent in household. The wording of certain opinions had revealed that the applicants homosexuality, or at other times her status as a single person, had been a determining factor in refusing her authorisation to adopt, whereas the law made express provision for the right of a single person to apply for such authorisation. It had been desirable to address the issue of a paternal referent, but the issue had been of less importance than French authorities had given it. The influence of the womans homosexuality on the assessment of the application had not only been established but had been a decisive factor. The woman had suffered a difference in treatment by reasons of sexual orientation.

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