Mitrevska v. North Macedonia, ECtHR, 20949/21, 14/05/2024
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2024

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

María et al. v. Argentina, IACtHR, Series C No. 494, 22/08/2023

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

D.M. and N. v. Italy, ECtHR, 60083/19, 20/01/2022
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2022

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

K.K. and Others v. Denmark, ECtHR, 25212/21, 06/12/2022
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2022

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

Y v. Poland, ECtHR, 74131/14, 17/02/2022
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2022

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

Abdi Ibrahim v. Norway, ECtHR, 15379/16, 10/12/2021 [GC]
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2021

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

Ramírez Escobar et al. v. Guatemala, IACtHR, Series C No. 351, 09/03/2018

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

Ageyevy v. Russia, ECtHR, 7075/10, 18/04/2013
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2013

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

X and Others v. Austria, ECtHR, 19010/07, 19/2/2013 [GC]
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2013

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