Adoption legally recognizes a family relationship between the adoptive parents and the child. The right to establish and maintain this relationship is protected by the human right to a private and family life.

Adoption & Family relations

Adoption aims to ensure that children without parental care can live in a family environment. The most important condition for adoption is the best interests of the child. This means that the child’s interests should always prevail over those of the adoptive parents. In other words, adoption is “providing a child with a family, not a family with a child”. 

After adoption, the legal relationship between the adoptive parent and the adopted child is the same as between a biological parent and child.

Adoption & Human Rights

The right to adopt, and to be adopted, as such are not a human right and are not protected by the right to a private and family life.

However, the adoption procedure and decisions related to it can affect other human rights such as your right to found a family.

example A state authority may refuse to grant you the status of an adopter, therefore, you may not be able to establish a family through adoption.

Adoption procedures in civil court are also covered by your right to a fair trial.

Decisions in adoption proceedings, especially if the adoption is refused because you belong to a certain group of people rather than for specific personal reasons, may also affect your right to be treated equally or your right not to be discriminated against.

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Last updated 20/09/2022