Homosexual Adoption in Western Europe

Trends on (intercountry) Adoption by Gay and Lesbian Couples in Western Europe 28 april 2020 1

Holibi-adoption

 Adoption as Form of Child Protection  Adoption as “Ultimum remedium” in Case of Unfertility  The Trend in Adoption in Western Europe: • • • From Child Protection Measure to Help in Case of Unfertility Restricted to Married Heterosexual Couples Hardly no Children for Adoption Available in Western Europe 28 april 2020 2

Single Adoption

 Now Allowed in Many Countries in Europe  See the Convention on Intercountry Adoption  Also for Gay and Lesbian Men or Women?

 Quality of the Fostercare is Most Important 28 april 2020 3

Same-sex Couples and Adoption  In The Netherlands allowed since 1 st April 2001  Not for Children from Abroad (only allowed for Married Heterosexual Couples; we do know the Marriage of a Homosexual Couple)  Other Countries ((October 2005) where Gay Adoption is Legal:  Sweden, Spain and England and Wales  Belgium? (probably decided in November 2005) 28 april 2020 4

Partner-Adoption Stepparent-Adoption The partner in a Civil Union can Adopt the Child of his/her Partner Allowed by:  Iceland, Norway, Germany and Denmark 28 april 2020 5

Adoption by Homosexual Individuals  In the Republic of Ireland and some Other Countries indivial persons, whether Heterosexual or Homosexual, whether Cohabiting or Single, may apply for Adoption 28 april 2020 6

Adoptions in The Netherlands in 2004     Dutch families adopted 1, 368 children in 2004. China led all other countries with the number of children adopted by Dutch families.

Increase in adoptions nearly 20 percent

Total Number of Petitions for Adoption awarded by Dutch Courts 1,368 in 2004, over 200 more than in 2003. Out of 1,368 adoption cases 1,116 were non stepparent adoptions and 252 were stepparent adoptions. Non-stepparent adoptions are usually international adoptions. 28 april 2020 7

Adoptions in The netherlands in 2004 

Only 7 percent of non-stepparent adoptions involve Dutch children.



Half of stepparent adoptions by same gender couples:

 In 2004 nearly 300 Dutch children were adopted. Three-quarters (225) were stepparent adoptions. In 130 cases the female partner of the mother is the adoptive parent.

28 april 2020 8

Fretté, a French Homosexual

 ECHR 2002/156 (Fretté

vs.

France)  ( http://www.worldlii.org/eu/cases/ECHR/20 02/156.html

)  Discrimination of Homosexual Single Man who Wants to adopt a Child?

28 april 2020 9

Conclusions

 Conclusions:  The Trend is that Adoption by Homosexuals will be more allowed in Western Europe  Should Adoption be more promoted? And Adoption by Homosexuals?

 Fostercare is a reasonable and good Alternative for Adoption 28 april 2020 10