Same-sex adoption : in whose interest?

Abstract

The aim of this thesis is to explore and analyse the issue of same-sex adoption, both joint and second-parent adoption, in light of profound changes in people’s perceptions of what constitutes a family and groundbreaking advances in assistive reproduction technology, together with an increased acceptance of same-sex adoptions. These changes have catalysed same-sex couples’ readiness to enter into parenthood. The study explores the historical, social, moral, religious, legal and personal issues related to same-sex recognition and adoption. It addresses studies in this field, and attempts to lay bare the misconceptions, myths and barriers that make the adoption process a disturbing experience for same-sex couples. The experiences and narratives reported in a plethora of studies indicate that same-sex adoption furthers the interests of both the couple and the child. Consequently, the thesis examines the rights of the couple and the child. Such an analysis is likely to shed revealing light on what constitutes the best interests of the child in the matter of same-sex adoption. It advocates the principle of the paramountcy of the best interests of the child as the determining factor in every adoption placement. It also looks at the role of the State to safeguard the rights of all interested parties and act in conformity with international and EU instruments. The thesis also looks at the Maltese situation after the enactment of the Civil Unions Act,1 which has been instrumental in securing recognition of same-sex couples and legalising same-sex adoption. It delves into the background of same-sex adoption, the controversies and the reactions that it has caused and is still generating. Moreover, it examines the adoption process and safeguards within legislations that protect the child.