— Czech Ombudsman Anna Šabatová
believes the country’s laws should not prevent child adoption by
registered homosexual couples, she writes in a fresh report, adding that
the impossibility for such couples to adopt children goes counter to
the Czech constitution.
In her report for the second quarter of 2014, Šabatová writes many
people are still biased and full of false impressions about child
adoption by homosexual couples.
"Since I have found no objective or rational reason for preventing
the adoption by registered partners ... I consider the relevant
provision in the registered partnership law unconstitutional," Šabatová
writes in her report designed for lawmakers.
She gives an example of a man from Prague who asked the authorities
to be put on the list of applicants for child adoption.
In his request,
he said he lived in a registered partnership.
Prague authorities
rejected his request.
They said it was inadmissible, as the registered
partnership law bans the adoption of children by registered couples.
Šabatová admits that the authorities could not have decided
otherwise, because the law does not allow for a different decision, but
she called the decision discriminatory.
She says she recommended the man to file an administrative action
within which he should seek the abolition of the specific law's
provision that prevents child adoption.
Following the ombudsman's recommendation, the man has filed the
action with the Prague City Court, the ombudsman's spokeswoman Iva
Hrazdílková told the Czech News Agency.
She said the City Court has to turn to the Constitutional Court with
the question of whether the ban on child adoption by same-sex couples is
unlawful.
Šabatová says the European Court of Human Rights dealt with a similar
case of a French plaintiff some time ago.
It came to the conclusion
that the applicant's sexual orientation cannot be viewed as a legitimate
reason for restricting his right to adopt a child, Šabatová writes in
her report.
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