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Adoptive parents' sexual orientation and the child's best interest

Dijana Jakovac-Lozić
Ines Vetma

Puni tekst: hrvatski pdf 182 Kb

str. 1405-1442

preuzimanja: 2.639



Respect for human rights begins with the way in which each particular community treats its children. Analysing the complexity of the child's best interest principle, the authors assess to what extent tentative adoptive parents' sexual orientation is (in)compatible with the sense and contents of the said notion.
For this purpose, the paper presents comparative legislative solutions practiced by particular states, and also analyses one of the few cases in which the European Court of Human Rights tried on this issue (Fretté v. France, 2002). The paper also presents a brief critical comment on the matter of approach by particular states, but also by the European Court of Human Rights, to interpretation of the principle of nondiscrimination with regard to sexual orientation (of the adoptive parents), and the relation of this principle to the child's best interest principle (of the adoptees).

Ključne riječi

ability to adopt, homosexual adoptive parents, child's best interest, European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights

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