Yesterday was a good day, not so much for the fact that it rained non stop here, but rather because after a lengthy battle, the NI Courts overturned the ban on unmarried and same-sex couples being allowed to adopt in Northern Ireland. The landmark ruling was made yesterday after the NI Human Rights Commission challenged the current (and outdated) law which prohibited any unmarried couple (co-habiting opposite sex couples, same-sex couples in a civil partnership or not) from applying jointly to adopt.
The presiding official in the case, Mr Justice Treacy, ruled that the current law unfairly discriminated against and in fact was aimed at same-sex couples in a Civil Partnership. Single people are allowed to apply to adopt a child, however their partner (straight or gay) would be unable to claim joint parental rights if the adoptive parent died. More importantly, however, Mr Treacy claimed that the current eligibility criteria was not in the best interests of the child.
Northern Ireland has been lagging behind the mainland UK for some time now, as England and Wales have allowed joint adoption by same-sex couples since 2005, followed by Scotland in 2009. Currently the law in Northern Ireland, prohibits co-habiting unmarried heterosexual couples or gay couples in a Civil Partnership to jointly adopt, nor does it allow same-sex couples to register their names as both parents on a birth certificate.
Despite the ruling, the decision to overturn the ban ultimately rests with Edwin Poots, the current DUP Health Minister who has been on record in the past as describing gay people as an 'abomination'. Poots' record on LGBT issues is widely known, in September 2011 he refused to bring Northern Irish blood donation legislation in line with England and Wales and preferring to maintain the ban on gay and bisexual men from donating blood.
His reasons? Have a guess.
As an openly gay man in a committed relationship I of course welcome the ruling, in the future I may want to start a family and as there is little option for me to go down the typical route adoption may be the only way for me to do this. Until yesterday this wasn't an option for me and my partner, and for thousands of other unmarried and same-sex couples across NI. Currently in Northern Ireland an estimated 2,511 (2011 statistic) children are in the care of local authorities, with only 116 children being adopted in 2010. Though there are of course many factors, the fact that unmarried and same-sex couples were until yesterday legally prohibited from adopting was undoubtedly a factor in the small number of adoptions vs the high numbers of children in state care.
There will of course be protests against the move, as Edwin Poots himself has already stated that he plans to appeal the decision (With public money?) in the High Courts as soon as possible. Bear in mind that this is a Minister who earlier in the week declared that the newly opened Marie Stopes clinic in Belfast would be shut down if it failed to abide by the law, and yet here is failing to abide by the law himself. As Minister he is ultimately held accountable by the Ministerial Code, and as such it is not up to him or any other elected official as to which parts of the law he can abide by and which parts he can ignore.
The ability for Poots and those in the DUP to hide behind the law is no longer an option, the mask is slipping and the prejudice in the DUP towards the LGBT community is being laid bare. Like it or not, same-sex couples are just as loving, caring and stable as heterosexual couples, and the overturn of the ban represents a significant step forward for Northern Ireland and the equality that is so sorely lacking here. There is still much work to do, the campaign for equal civil marriage continues in Northern Ireland, as well as the campaign to remove the blanket blood ban on gay, bisexual and MSM men and with the ruling will come the need for greater support for unmarried and same-sex adoptive parents, who are now finally being treated equally under the law.
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The presiding official in the case, Mr Justice Treacy, ruled that the current law unfairly discriminated against and in fact was aimed at same-sex couples in a Civil Partnership. Single people are allowed to apply to adopt a child, however their partner (straight or gay) would be unable to claim joint parental rights if the adoptive parent died. More importantly, however, Mr Treacy claimed that the current eligibility criteria was not in the best interests of the child.
Northern Ireland has been lagging behind the mainland UK for some time now, as England and Wales have allowed joint adoption by same-sex couples since 2005, followed by Scotland in 2009. Currently the law in Northern Ireland, prohibits co-habiting unmarried heterosexual couples or gay couples in a Civil Partnership to jointly adopt, nor does it allow same-sex couples to register their names as both parents on a birth certificate.
Despite the ruling, the decision to overturn the ban ultimately rests with Edwin Poots, the current DUP Health Minister who has been on record in the past as describing gay people as an 'abomination'. Poots' record on LGBT issues is widely known, in September 2011 he refused to bring Northern Irish blood donation legislation in line with England and Wales and preferring to maintain the ban on gay and bisexual men from donating blood.
His reasons? Have a guess.
As an openly gay man in a committed relationship I of course welcome the ruling, in the future I may want to start a family and as there is little option for me to go down the typical route adoption may be the only way for me to do this. Until yesterday this wasn't an option for me and my partner, and for thousands of other unmarried and same-sex couples across NI. Currently in Northern Ireland an estimated 2,511 (2011 statistic) children are in the care of local authorities, with only 116 children being adopted in 2010. Though there are of course many factors, the fact that unmarried and same-sex couples were until yesterday legally prohibited from adopting was undoubtedly a factor in the small number of adoptions vs the high numbers of children in state care.
There will of course be protests against the move, as Edwin Poots himself has already stated that he plans to appeal the decision (With public money?) in the High Courts as soon as possible. Bear in mind that this is a Minister who earlier in the week declared that the newly opened Marie Stopes clinic in Belfast would be shut down if it failed to abide by the law, and yet here is failing to abide by the law himself. As Minister he is ultimately held accountable by the Ministerial Code, and as such it is not up to him or any other elected official as to which parts of the law he can abide by and which parts he can ignore.The ability for Poots and those in the DUP to hide behind the law is no longer an option, the mask is slipping and the prejudice in the DUP towards the LGBT community is being laid bare. Like it or not, same-sex couples are just as loving, caring and stable as heterosexual couples, and the overturn of the ban represents a significant step forward for Northern Ireland and the equality that is so sorely lacking here. There is still much work to do, the campaign for equal civil marriage continues in Northern Ireland, as well as the campaign to remove the blanket blood ban on gay, bisexual and MSM men and with the ruling will come the need for greater support for unmarried and same-sex adoptive parents, who are now finally being treated equally under the law.






