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Northern Ireland's adoption laws should not serve gay people, Attorney General claims

Gay men and women should not be able to adopt children in Northern Ireland, according to a representative for the country's Department of Health.

Peter Lloyd

Fri, 23 Mar 2012 14:23:45 GMT | Updated 1 years today

Gay men and women should not be able to adopt children in Northern Ireland, according to a representative for the country's Department of Health.  

 

The comments come as part of a legal battle launched by the Northern Ireland Human Rights Commission, who claim current legislation discriminates and should be brought in line with UK laws.

 

Currently, the Civil Partnership Act 2004 prohibits gays and lesbians - like single heterosexuals - from becoming adoptive parents.

 

Yesterday, John Larkin, QC, said adoption laws were to ensure child welfare rather than satisfy the wishes of would-be parents.

 

"Adopted children, in the clear submission of the department, are not services and the department will always refuse to consider children as services," the BBC report him as saying.

 

He also added that UK law should not influence legislation in NI.

 

"What happens in Scotland, England and Wales does not constitute a line into which Northern Ireland must be brought," he added.

 

The laegal challenge - which was deferred from last year - comes after confusion arose over a prohibition on adoption for civil partnership within Stormont legislation - the legislative power over almost all aspects of Northern Ireland life.

 

At first, this was described as an error, but the court later heard from representatives of the Department of Public Health that it was intentional.

 

Mr Justice Treacy granted the adjournment to allow the commission's lawyers time to study the legislation.

 

"How on earth a massive mistake like that could have been communicated to the House of Lords and nobody saw fit to (correct it), I have great difficulty in understanding," he said.

 

The challenge has been backed by a lesbian woman and her partner who want to adopt a child together.

 

The hearing continues.

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