A Court of Appeals ruling in Northern Ireland has removed the preference for married couples in its adoption law and paved the way for same-sex adoption and adoption by unmarried couples.

However, the decision may yet be appealed, after legal representatives for the NI Department of Health suggested that an appeal to the Supreme Court in London may yet be initiated, the BBC reports.

The ruling upheld a decision issued last year by the Belfast High Court which held that the ban on same-sex adoption was discriminatory and in breach of human rights law.

That decision was appealed by Health Minister Edwin Poots but yesterday Lord Justice Girvan dismissed his appeal.

Religious groups and others have slammed the ruling as “dictatorial” and “retrograde”.

In October last year, the ban based on relationship status was held to discriminate against those in civil partnerships and to breach their human rights.

Attorney General John Larkin QC appealed against the High Court ruling on behalf of the department. He argued that the current criteria is lawful, appropriate, had public support and is in the best interests of children.

But Lord Justice Girvan yesterday stated: “The department has put forward no justification to exclude same sex couples as parties eligible to adopt as a couple.”

He also held that no proper explanation was advanced for why same-sex partners being rendered ineligible once they publicly cement their relationship.

Gay rights groups were yesterday celebrating the outcome, but said the ban must now be lifted.

Director of The Rainbow Project John O’Doherty described Mr Poots’ attempt to challenge the courts as “embarrassing” and said: “There has now been clear direction from the Court of Appeal that the current unlawful ban cannot be allowed to continue.”

However, following the decision a barrister for the department indicated that a further appeal to the Supreme Court in London may be sought.  

Pastor Paul Burns, of the Adullam Christian Fellowship Church in Belfast’s Sandy Row said the ruling came from “a dictatorship, not a democracy”. “Where is the democracy in Northern Ireland when three judges behind doors just make decisions which means we are forced to accept this,” he said.  

“I call on our ministers to put the vote to the public – because from the people who I’ve spoken to, we are bewildered at how this has happened.”

The leader of the Traditional Unionist Voice party, Jim Allister said the decision was a “most retrograde step”.

“This is where pursuit of a perverse ‘equality agenda’ has led us,” he said. “I trust the minister will appeal this decision to the supreme court.”

The NI Human Rights Commission took judicial review proceedings centred on the blanket ban imposed on same-sex and unmarried couples by the Adoption (Northern Ireland) Order 1987.

In October 2012, the ban on adoption based on relationship status was held to discriminate against those in civil partnerships and to breach their human rights.

The Department of Health challenged that ruling saying the current situation was appropriate and in the best interests of children. Senior judges disagreed and yesterday paved the way for gay and unmarried couples to adopt children in Northern Ireland.