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France: Constitutional Council Validates Provision Indirectly Barring Member of Same-Sex Couple from Adopting Partner’s Child

(Dec. 6, 2010) On October 6, 2010, the French Constitutional Council ruled on an application for a priority preliminary ruling lodged by the Cour de Cassation, France's Supreme Court for civil and criminal matters, on the issue of the constitutionality of article 365 of the Civil Code (Conseil Constitutionnel, Decision No. 2010-39 QPC of October […]

South Korea: Conflicting Decisions on Adoption by Grandparents

(Oct. 7, 2010) Two conflicting rulings have been made in South Korean provincial courts on the issue of whether grandparents may adopt their grandchildren. On September 16, 2010, the Family Division (three-judge bench) of Ulsan District Court affirmed the decision by a single-judge bench of the same Court that grandparents may not adopt a grandchild. […]

France: French Supreme Court Recognizes Same-Sex Couple Adoption Judgment Rendered by U.S. Court

(July 23, 2010) On July 8, 2010, the Cour de Cassation, France's Supreme Court for civil and criminal matters, ruled that a judgment rendered by the Superior Court of the County of Dekalb, Georgia, authorizing the adoption of a child by the female partner of the mother, is not contrary to French public order and, […]

Nepal: International Call for Improvement of Adoption Process

(Mar. 2, 2010) The International Adoption Working Group (IAWG), an ad hoc organization comprising diplomatic mission representatives of countries that have or are considering having adoption agencies (private or state-run) in Nepal, recently called upon the Nepali government to improve the inter-country adoption process. A press release issued on February 24, 2010, by the U.S. […]

Australia: New South Wales Government Responds to Report on Same-Sex Adoption Laws

(Jan. 14, 2010) On January 6, 2009, the government of New South Wales (NSW), Australia, released a letter in response to a parliamentary report that had recommended changing the law to allow same-sex couples to adopt children. In the letter, the Minister of Community Services, Linda Burney, indicated that, while the recommendation was “not without […]

Brazil: New Adoption Law

(Aug. 5, 2009) On August 3, 2009, Brazilian President Luiz Inácio Lula da Silva signed a new Adoption Law, which revises legislation currently in force in the country. Law No. 12,010 of August 3, 2009, amends the Child and Adolescent Statute, the Civil Code, and the Consolidation of Labor Laws. The new Law maintains the […]

Nepal: International Adoptions Resume with New, Stricter Rules

(Apr. 27, 2009) It was reported on March 17, 2009, that Nepal's Ministry of Women, Children and Social Welfare (MWCSW) is examining a list of Nepali children available for inter-country adoption, after the lifting of an 18-month ban on such adoptions. The central matching committee under the Ministry has been assigned to handle the cases […]

Israel: Gay Couple Allowed to Adopt

(Mar. 18, 2009) On March 10, 2009, the Tel Aviv family court approved a request by a gay couple, who had married in Toronto in 2004, to adopt a foster son they had raised for over 14 years, even though he has already reached the age of majority. The decision is the first to recognize […]

Burma: Cyclone Orphan Adoptions Must Follow Procedures

(July 2, 2008) Cyclone Nargis, which devastated a large region of Burma, created a number of orphans. The Burmese Department of Social Welfare (DSW) has stressed, however, that they can be adopted only through the proper legal procedures. The 1939 Act of Registration of Adopting Children is the relevant legislation and will be enforced. Officials […]

European Court of Human Rights: France Condemned in Lesbian Adoption Case

(Feb. 2, 2008) On January 22, 2008, the European Court of Human Rights ruled that France violated Article 14 (prohibition of discrimination) in conjunction with article 8 (right to respect for private and family life) of the European Convention on Human Rights by refusing to authorize a lesbian woman to adopt a child because of […]