The Adoption (Northern Ireland) Order 1987 imposes a blanket ban on unmarried couples (whether same-sex, opposite sex or in a civil partnership) applying to adopt as a couple. In 2008, in P & Ors, Re (Northern Ireland) [2008] UKHL 38, the House of Lords reversed the Northern Ireland Court of Appeal and granted a declaration that it was unlawful for the Family Division of the High Court to reject prospective adoptive parents on the ground only that they were not married. However, the law was not changed to take account of the judgment in Re P and the Northern Ireland Human Rights Commission sought to challenge the executive's failure in that regard, arguing unjustifiable discrimination contrary to Article 8 (private and family life) and Article 14 (discrimination) of the ECHR. Treacy J allowed the application for judicial review and at a subsequent remedies hearing made a declaration that, notwithstanding Articles 14 and 15, the 1987 Order did not prevent unmarried couples or civil partners from applying to adopt and that all individuals and couples, regardless of marital status or sexual orientation, were eligible to be considered as adoptive parents. He further concluded that any guidance had to accord with that declaration. [Frank Cranmer]
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