The Department of Health in Northern Ireland has confirmed it is appealing a High Court ruling which said that a
law banning cohabiting and same-sex couples from adopting constituted ‘unlawful discrimination’ .
In response to a question from Green Party MLA Stephen Agnew, Health Minister Edwin Poots said that his department had served notice of the appeal on the Northern Ireland Human Rights Commission which took the original case.
He said: “At this stage, the date for the appeal hearing is unknown. I have instructed departmental lawyers to request an expedited hearing.”
In October of last year, Mr Justice Treacy ruled that the prohibition discriminated against cohabiting couples and those in civil partnerships and breached their right to family life.
Previously, only married couples and single people could adopt in Northern Ireland.
Challenging the High Court ruling last year, Mr Poots said: “A decision to place a child for adoption should be made on the basis that it is in the best interests of the child to be adopted and following a process of thorough assessment to determine that this is the case.
“The welfare of the child is the central tenet of the main body of children’s law in Northern Ireland- and this extends to adoption law. No-one has a right to adopt a child and, even when approved, prospective adoptive parents may or may not be deemed suitable to adopt a specific child – this relies solely on the best interests of that particular child being served by that arrangement.”
Mr Poots said the ruling had further delayed his intention to reform the current Adoption and Children Bill.