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“Had the woman been a man”: European Court upholds homosexual adoption

Aleteia - published on 02/21/13 - updated on 06/07/17

Judges choose to allow law to prevail over reality; law gets mistaken for the ideology that supports it and which it serves. Currently, it is a mix of ultra-liberal and neo-Marxist ideology which is opposed to all rules imposed by morality and by nature. In our time, as in Soviet times, when law is highly influenced by ideology, ideology tends to use laws in order to remodel reality according to its own principles.
In this case, the majority of the judges transposed into law the ultra-liberal ideology of deregulation which states that nothing should in principle be banned, because in morality, nothing would be completely unprovable, every question would be considered case by case, so everything would be relative. As a result, all impossibilities or interdictions must be disputable in court, and in fine, before the European Court of Human Rights. Thus the Court recently condemned Germany for banning in an absolute manner assisted suicide, i.e. euthanasia (Koch v Germany, (No 497/09), 19 July 2012). This clearly removes from human rights all of its substance which flows from the very idea of being human, and transforms it into a tool which liberates human behaviour, making it totally amoral and ultimately substituting morality for ideology.

A ruling with far reaching consequences

It is difficult to measure the extent of the potential consequences of this case. Even if the majority of the Grand Chamber “has accepted that the protection of the family in the traditional sense is, in principle, a weighty and legitimate reason which might justify a difference in treatment” (para 138), in reality, the majority gave preference to a non-biological and asexual understanding of the family, in which the natural family is but one of the multiple types. It is difficult to know what a “parent” is once the biological filiation, i.e. the reality is no longer the major reference of the social and legal filiation.
In addition, by affirming that is not harmful for a child to have two mothers or two fathers, the Court universally justified the claim that same-sex couples have an equal right to having a child, like heterosexual couples, whether it be by adoption or by artificial procreation.

To adopt the Court’s decision, Austria could legislate toallow children have to more than two parents at the same time (nothing is impossible in law when it prevails over reality). Austria could also adopt a special law declaring – also fictitiously – that a child can have two mothers or two fathers. In that case, the two claimant women could make the father appear in Court and attempt to deprive him of his parental rights. The father would then have to prove to the judge that he is a better “parent” for his son than his ex-wife’s new partner, even if he no longer lives with his child…
In these two cases, the adoption of this decision would result in the child’s biological reality being in the hands of the adults, the legal fiction which establishes this new filiation is nothing but a lie to the child. We must be conscious that this case will not change anything in the daily life of the two claimant women. But this decision profoundly disrupts family law in all of Europe, something which was its only objective.

International law

It is doubtful whether this decision complies with international law, in particular because, as many international texts state, it is in the child’s best interest to keep its father and its mother[1] and the father has the right and the duty to continue to look after his child[2]. To allow artificial filiations is a serious threat to the rights of the child, as well as a clear violation of the Convention on the rights of the child which states that the child has “as far as possible, the right to know and be cared for by his or her parents” (article 7) and the right “to preserve his or her identity, including nationality, name and family relations” (article 8).

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