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International Journal of Law, Policy and the Family Advance Access originally published online on January 29, 2009
International Journal of Law, Policy and the Family 2009 23(1):110-131; doi:10.1093/lawfam/ebn020
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International Journal of Law, Policy and the Family, Vol. 23, No. 1, © The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org.

Public International Law and the Regulation of Private Spaces: Does The Convention on the Rights of the Child Impose an Obligation on States to Allow Gay and Lesbian Couples to Adopt?

John Tobin* and Ruth Mcnair*

* Melbourne Law School, and Department of General Practice, Faculty of Medicine, University of Melbourne, Australia respectively. This article draws on, expands and integrates aspects of work undertaken by the authors for the Victorian Law Reform Commission in: Tobin, J. The Convention on the Rights of the Child: the Rights and Best Interests of Children Conceived through Assisted Reproduction and McNair, R. Outcomes for Children Born of ART in a Diverse Range of Families (both published by the Victorian Law Reform Commission, 2004)


  Abstract

Opposition to the adoption of children by gays and lesbians is invariably based on the claim that such a practice is contrary to the rights and best interests of children. The aim of this article is to examine this claim in light of the provisions of the United Nations Conventions on the Rights of the Child. It will be argued that an approach to the interpretation of a child's rights and best interests which is based on empirical evidence reveals that there is no basis for sexual orientation to be a relevant consideration in assessing a person's suitability to adopt a child.


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B. Tobin
Same-sex Couples and the Law: Recent Developments in the British Isles
Int J Law Policy Family, December 1, 2009; 23(3): 309 - 330.
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