“Children are best raised by their natural father and mother” †Critically Analyse The WritePass Journal

â€Å"Children are best raised by their natural father and mother† – Critically Analyse Abstract â€Å"Children are best raised by their natural father and mother† – Critically Analyse ) where the tribunal refused to allow an adoption agency from discriminating on the grounds of same-sex couples in adoption procedures. This confirmed the earlier decision of the ECtHR in Karner v Austria (2003) which stated that there need be significant and convincing reasons for discriminating against same-sex couples. It is clear therefore that moving towards a non-discriminatory society which recognizes equal rights for same-sex couples with regards to family life is a right which is currently seeing significant attention. In the judgment of X, Y Z v UK (1997), the ECtHR held that in determining whether a specific relationship may amount to family life, there is the need to consider a number of relevant factors. These factors include whether the couple cohabit, the duration of their relationship and whether there is a demonstrated measure of commitment to one another by the parents by having children together or any other demonstrable means. This was confirmed in the judgment of Fitzpatrick v Sterling Housing Association (1999) the court recognized that establishing the existence of a family life required the examination of factors such as the mutual inter-dependence between spouses, a commitment to sharing of lives together, the existence of caring and love-filled relationships, mutual commitment and the support that is rebuttably presumed to exist in marriage type relationships. The existence of a family life therefore that is necessary for the determination of the best interests of the child, is on e which does not necessarily include traditional parental roles, but rather the de facto existence of close personal relationships which define the relationship between a parent and a child. It stands to reason that the existence of these relationships will be best for the child, regardless of whether they exist in a same-sex parented family. Conclusion The question of whether it is in a child’s best interests to be raised by their natural mother and father is one which is currently a topic of widespread debate, particularly with regards to the question of adoption by same-sex couples. It is clear that the echoes of legal discrimination of same-sex couples is a topic that is garnering significant attention and the injustices that remain are being challenged and abolished. The significance of these decisions cannot be understated for the purposes of children’s and family law, as essentially this serves as a paramount recognition by the judiciary, based on legislated grounds of human rights, that a family unit does not necessarily consist of a natural father and mother to the exclusion of same-sex parented families. The essential inquiry in this regard is into the best interests of the child and although there is still a measurable amount of discrimination against same-sex couples, it has been shown that same-sex parents are not contradictory to these interests. Providing a stable and loving environment for raising children is in the best interests of a child and whether this is provided by same-sex parents or heterosexual parents is of little consequence by comparison to the factual personal relationships that exist in these families. References Primary Sources Legislation The Children’s Act 1989 The Children’s Act 2004 Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989, Entry into force 2 September 1990, in accordance with article 49. The European Convention on Human Rights The Human Rights Act 1998 Common Law Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales. [2012] Upper Tribunal, Appeal number FTC/52/2011 Fitzpatrick v. Sterling Housing Association Ltd [1999] 4 All ER 705 K and T v Finland [2001]36 EHRR 18 Karner v Austria [2003] 38 EHRR 528 Mazurek v France [2000] 42 EHRR 9 R (Williamson) [2005] UKHL 15 Re: Compatibility of the Adoption Order (NI) with the ECHR [2012] NIQB 77 Salgueiro da Silva Mouta v Portugal [1999] 31 EHRR 47 X, Y Z v UK [1997] 24 EHRR 143 ZH (Tanzania) v SSHD [2011] UKSC 4 Secondary Sources Haringey Local Safeguarding Childrens Board (2009) Serious Case Review ‘Child A’ (ref: March 2009) London: Department for Education Hodson, L. (2008) The Rights of Children Raised in Lesbian, Gay, Bisexual or Transgender Families: A European Perspective. IGLA: Europe Lundy, L. (2007) Voice Is Not Enough: Conceptualising Article 12 of the United Nations Convention on the Rights of the Child. British Educational Research Journal, Vol 33, Issue 6, pp. 927 942 Wintemute, R. Andenas, M. (2001) Legal Recognition of Same-Sex Partnerships: A Study of National, European, and International Law. Hart: Oxford