Gay adoption victory

Emmanuelle B. is a 48 year-old nursery school teacher. Her partner, Laurence R. is a child psychologist. For eleven years they've been trying to adopt, but each time they applied they were turned down by country authorities in the Jura mountain region, near the Swiss border, where they reside.

To justify their refusal, the authorities said the child would lack a father figure. It is an argument that might seem to be in the spirit of French legislation, which does not allow same-sex couples to adopt. However, Emmanuelle B. was not applying for the right to adopt with her partner as a couple. She was applying on her own as an unmarried person.

In France, single people are allowed to adopt - a very significant loophole. As the administrative tribunal in the eastern town of Besancon has now found, refusing Emmanuelle B.'s application on the grounds of her sexuality was discriminatory.

"I want to see the authorities take a stance on this issue. Is the Jura ready - yes or no - to allow adoption by a woman who is in a homosexual relationship?" Emmanuelle B. asked.

A long-awaited victory

The answer on Tuesday morning was yes. The decision by the administrative tribunal follows a ruling by the European Court of Justice, which favored the women and condemned France. Once Emmanuelle B. has re-applied for adoption, the authorities will have 15 days to give a positive response or they'll run the risk of being sued.

"I hope that with this judgment the debate can at long last be brought to an end so that unmarried people, whether they are heterosexual or homosexual, can be allowed to adopt without their sexuality being thrown in their faces," said Emmanuelle B.'s lawyer, Caroline Mecaray.

In France, as in most European countries, homosexual couples are still not allowed to adopt. Such a move would require legislation. But, for those applauding the court decision on Tuesday, this at least means an end to a certain sort of hypocrisy.

It will no longer be necessary for a gay man or woman to hide his or her partner when it comes to putting his or her name down as a prospective parent of an adopted child. But for some, the ruling does not go far enough.

Ruling sparks debate

"It's a victory, that's for sure, but we've got to go further," said Philippe Rolondin, honorary president of the Gay and Lesbian Parents Association. "We need new legislation that clearly states that homosexual couples can adopt and that the selection criteria are the same for all. Also, we've got to be vigilant because at the moment it's a sort of lottery. In some parts of France, the authorities don't take account of sexual orientation. In others, they do."

Government spokesman Luc Chatel addressed reporters after the weekly cabinet meeting.

"The government and the president have on several occasions expressed our position which is that we are not in favor of the adoption of children by same-sex couples," he said.

"A legal ruling has been handed down. Well, we have to take note and I think it should contribute to our thinking on the subject," Chatel added.

Author: John Laurenson (vj)

Editor: Susan Houlton