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28 February 2008 / Susan Nash
Issue: 7310 / Categories: Features , Public , Family , Human rights
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Human Rights Update

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Human Rights

FAMILY LAW

 

Adoption 

In EB v (App No 43546/02) [2007] ECHR 211 (Mar) the applicant alleged that her application to adopt a child was rejected by the French authorities because of her sexual orientation. During the adoption process, she had mentioned her stable relationship with another woman. Relying on Art 14 of the European Convention on Human Rights (the Convention), which prohibits discrimination, combined with Art 8, which guarantees the right to private and family life, she complained that she suffered discriminatory treatment during the adoption process on account of her choice of lifestyle.

 

The reasons given by the authorities for rejecting her application were the lack of “identificational points of reference” due to the absence of a paternal image, and the ambiguous nature of her partner’s commitment to adoption. The Conseil d’État was satisfied that the decision was based on the interests of an adopted child. noting that French law provided for adoption by single people, the European Court of Human Rights

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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