The refusal to allow a woman to adopt her same-sex partner’s
child was not discriminatory
child was not discriminatory
In today’s Chamber judgment in the case of Gas and Dubois v. France (application no. 25951/07), which is not final1, the European Court of Human Rights held, by six votes to one, that there had been:
No violation of Articles 14 (prohibition of discrimination) and 8 (right to respect for private and family life) of the European Convention on Human Rights.
The applicants are two cohabiting women. The case concerned the refusal of Ms Gas’ application for a simple adoption order2 in respect of Ms Dubois’ child.
The Court saw notably no evidence of a difference in treatment based on the applicants’ sexual orientation, as opposite-sex couples who had entered into a civil partnership were likewise prohibited from obtaining a simple adoption order.
