Special adoption request by intended parent rejected in absence of strong relationship with the child
Contents for term
Special adoption request by intended parent rejected in absence of strong relationship with the child
Violation of Article 8 (positive obligations and private life) - Inability of the applicant, who was adopted as a child, to obtain information concerning her biological origins and health information about her biological parents - Failure to strike a balance between the competing interests at stake
Adoption of a child by same-sex couples - Assessment of withdrawal of consent to adoption by the biological parent - Assessment of the child's best interests
Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples
Pregnant adolescent encouraged to give her unborn child up for adoption by health professionals on the basis of gendered stereotypes concerning her unsuitability to find a partner to form a family should the child be kept by her – Authorization to adopt the baby signed by the mother without any assisting lawyer in a document directed to the Provincial Direction for the Promotion of the Rights of the Child, Adolescent and the Family – Violation of the rights to equality, family life, judicial guarantees, judicial protection, physical integrity, live free from violence, and the rights of
Adoption of children “in special cases” – Recognition of kinship resulting from adoption – Violation of the principle of the equal treatment of all children, regardless of whether they are born in or out of wedlock or adopted
Article 8 and Article 14 (+ Article 8) - Private life applicable - Lack of legal recognition of parenthood to intended mother with no biological ties to a child born through a gestational surrogacy arrangement abroad
Dissenting / Concurring: Ivana Jelić/O’Leary
Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life - Evaluation of the alleged mother's inability to fulfil her parental duties based on stereotyped assumptions concerning gender roles and her sexual life
Dissenting / Concurring: sexual expression, discrimination against women, adoption
Refusal to allow adoption of children born abroad via surrogacy by wife of their genetic father, despite no other possibilities of recognition of a legal parent-child relationship - No obstacles to enjoying family life by children born abroad via surrogacy and their genetic father’s wife, who was granted joint custody but not adoption
Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption
Trafficking victim of Nigerian origin deprived of any contact with her children, contrary to experts’ recommendations and even before the final decision on their availability for adoption - Violation of Article 8
Article 8 read in light of Article 9 - Shortcomings in decision-making process resulting in severance of mother-child ties, in a context of different cultural and religious backgrounds of mother and adoptive parents
Registration in Italy of foreign judgment regarding same-sex couple's adoption of child - Italian legislator does not approve same-sex couples' adoption
Absence of proper institutional oversight over and inadequate regulation of adoption procedures – Decision to separate children from their biological family based on discriminatory justifications regarding their economic situation, gender-based stereotypes about parental responsibilities and their grandmother’s sexual orientation
Ban on adoption of Russian children by US nationals - Violation of Article 14
Italian Cassazione recognizes stepchild adoption in special cases - Adoption in ‘special cases’ is the legal instrument for the intended parent in same-sex couples - The sexual orientation of the adoptive parent is not relevant
Recognition in Italy of a foreign judgment establishing the child’s adoption by the parent's spouse - Civil partnership between adoptee and biological parent merged in same-sex marriage celebrated abroad
Adoption – Adopted person’s access to information concerning his or her origins – Access to the identity of the biological mother having declared at birth she did not wish to disclose her identity
Violation of Article 8 (Respect for family life and private life) - Revocation of adoption while criminal proceedings for suspected child abuse were still pending - Failure adequately to investigate unauthorised disclosure of confidential information or to protect reputation and right to be presumed innocent of parent suspected of child abuse
Impossibility of second-parent adoption in a same-sex couple - Government's failure to provide convincing reasons for the exclusion second-parent adoption in a same-sex couple, while allowing that possibility in an unmarried different-sex couple, deemed necessary for the protection of the family in the traditional sense or for the protection of the interests of the child, amounts to discrimination
Dissenting / Concurring: Josep Casadevall, Ineta Ziemele, Anatoly Kovler, Danutė Jočienė, Ján Šikuta, Vincent A. De Gaetano, Linos-Alexandre Sicilianos / Dean Spielmann