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?

摘要

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.