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St. Thomas Law Review

First Page

495

Document Type

Article

Abstract

In this article I will analyze Western European developments in the field of (inter-country) adoption by homosexuals. Some countries have accepted the legal possibility of adoption by homosexual individuals and/or couples, although this does not mean that in all cases children can be adopted by lesbian and gay persons. There are several restrictions on intercountry adoption. The jurisprudence of the European Court on Human Rights with regard to adoption by homosexuals is still rather restrictive. In this article, I will analyze the following questions: whether it is a human right to adopt or to be adopted; and, if adoption should be promoted in other countries as well. What are the positive and the negative legal and social consequences of adoption by gay and lesbian couples? I will first start with a small introduction of the legal institution of adoption. Then I will describe the form of adoption in the Netherlands, and after that, I will give an overview of homosexual adoption in Western Europe.

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