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
Contents for term
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
Maternity and childhood, protection of working mothers – Adoption and pre-adoptive fostering of a child - Arrangements for payment of maternity allowance for a period of three months following the time the child enters the family home
Refusal of simple adoption order in favour of homosexual partner of biological mother - No violation of Article 14
Dissenting / Concurring: Mark Villiger / Jean-Paul Costa, Dean Spielmann, Isabelle Berro-Lefèvre
Refusal of permission to adopt owing to prohibition of adoption in child’s country of birth - No violation of Article 8
Unjustified refusal to recognise the adoption of an adult by his uncle, a monk - Violation of Article 8
Unmarried woman of a certain age debarred from adopting a second child - No violation of Article 14
Refusal to grant approval for the purposes of adoption, on the ground of the applicant’s lifestyle as a lesbian living with another woman - The Court considered that the reference to the applicant's homosexuality had been, if not explicit, at least implicit, and that the influence of the applicant’s avowed homosexuality on the assessment of her application had been established and, having regard to the foregoing, had been a decisive factor in the decision to refuse her authorisation to adopt - The domestic authorities had made a distinction based on considerations regarding her sexual orien
Dissenting / Concurring: Jean-Paul Costa, Riza Türmen, Mindia Ugrekhelidze, Danutė Jočienė, Boštjan Zupančič, Loukis Loucaides, Antonella Mularoni / Peer Lorenzen, Sverre Erik Jebens
Failure to examine request for adoption by foster parents before declaring child free for adoption - Violation of Article 8 (Positive obligations/Respect for family life)
Mother living with her adopted daughter since the date of the foreign adoption order - Refusal to enforce a full adoption order by a foreign court in favour of a single woman - Refusal to recognise as valid in domestic law a full adoption order by a foreign court
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
Work leave in case of adoption or foster care within the first year of the child's life, instead of within the first year of the child's entry into the family – Infringement of the principle of equality by treating adoptive or foster parents and adopted or foster children less favourably than natural parents and children
Maternity and childhood, working mothers who adopt - Right to maternity allowance in the case of international adoption - Entitlement during the three months following the entry of the adopted or fostered child, even if he or she is over six years of age - Manifestly unreasonable difference in treatment between employees and self-employed women
Article 8 (Respect for private life) and Article 6 (Fair hearing) - Refusal of application for prior approval as a prospective adopter presented by an unmarried homosexual man, on the ground of his “choice of lifestyle”: no violation - Failure to summon to appear at hearing before Conseil d’Etat an unrepresented plaintiff who had no opportunity of seeing the submissions of commissaire du Gouvernement: violation
Dissenting / Concurring: Costa, Jungwiert, Traja / Bratza, Fuhrmann, Tulkens
Father’s possibility of taking compulsory maternity leave in place of his working wife - Violation of the substantive equality in marriage and their equal participation in the care and assistance of the child and the protection of the child's interest in the development of his or her personality
Maternity allowance – Female worker absent from work for pre-adoptive fostering of child – Maternity and childhood