The right to start a family under human rights law
Article 12 of the European Convention on Human Rights protects the right to marry and found a family. This right was incorporated into UK law through the Human Rights Act 1998, which means public bodies in the UK must respect it when making decisions.
Article 12 does not explicitly guarantee a right to adopt a child. Adoption remains subject to national laws and policies in each country. However, where adoption systems exist, they must operate fairly, without unjustified interference, and in compliance with non-discrimination principles. Governments are not required to provide adoption services or guarantee that any particular person will be able to adopt.
Adoption in England and Wales is governed by the Adoption and Children Act 2002, as amended by the Children and Families Act 2014, which introduced significant reforms to speed up the adoption process and improve outcomes for children. Scotland and Northern Ireland have their own separate legislation. All these frameworks must comply with human rights principles, though the precise application varies between jurisdictions.
If you believe your human rights have been affected in relation to adoption or family matters, you may wish to seek legal advice. You can also describe your circumstances using our Rights Situation Checker to better understand your options.
Describe what has happened and find out which UK human rights protections apply and what you can do.
Try our Rights Situation Checker free, here on this site →Protection from discrimination
Article 14 of the European Convention on Human Rights requires that all Convention rights be applied without discrimination. This covers discrimination based on sex, race, religion, national origin, birth status and other characteristics.
This protection operates in two ways when it comes to adoption. People should not face discrimination when seeking to adopt a child. Adopted children should not be treated differently from other children when exercising their rights.
In practice, adoption agencies and local authorities cannot refuse to consider prospective adopters based on characteristics including, but not limited to:
- Race or ethnicity
- Religion or belief
- Sexual orientation
- Marital status
- Disability, where this does not affect their ability to parent
The focus must be on whether someone can provide a safe, loving and stable home for a child. The welfare of the child remains the primary consideration in all adoption decisions.
Following the UK's exit from the European Union, the European Convention on Human Rights continues to apply. The UK remains a member of the Council of Europe and the Convention was incorporated into domestic law through the Human Rights Act 1998, which remains in force.
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Equality law and adoption services
The Equality Act 2010 strengthened protections against discrimination in service provision across England, Wales and Scotland. Northern Ireland has separate equality legislation that provides broadly similar protections but operates under a distinct legal framework.
These laws apply to adoption agencies, including both local authority services and voluntary adoption agencies. They prevent organisations from discriminating against prospective adopters on grounds of protected characteristics such as age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.
This has had practical consequences for some voluntary adoption agencies. Certain faith based organisations that previously provided adoption services found their traditional practices conflicted with equality requirements. Some chose to stop offering adoption services rather than change their approach, while others adapted their practices to comply with the law.
The courts have generally upheld equality requirements in this area. The principle applied is that when providing a public service, organisations must not discriminate, even where this conflicts with religious beliefs held by the organisation.
This does not prevent faith based agencies from operating. Many continue to provide adoption services successfully while meeting equality standards. What the law requires is equal treatment of all prospective adopters who come forward.
Rights of adopted children
Once an adoption order is made, an adopted child has the same legal status as a child born to their adoptive parents. This means they have the same inheritance rights, the same right to be supported and cared for, and the same protections under law.
Article 8 of the European Convention on Human Rights protects the right to respect for private and family life. This applies to adopted children and their adoptive families in the same way it applies to any other family unit. Public authorities cannot interfere with family life without lawful justification.
Adopted children also have specific rights relating to their identity and origins. The Adoption and Children Act 2002 gives adopted people the right to access their original birth certificate once they reach 18. They can also apply to the Adoption Contact Register, which can help facilitate contact between adopted adults and birth relatives where both parties have registered their interest. The register does not guarantee contact will occur; it simply provides a mechanism when mutual consent exists.
The Children and Families Act 2014 introduced additional safeguards, including provisions to reduce delays in adoption proceedings and requirements for local authorities to consider fostering for adoption placements at an earlier stage.
These rights reflect the principle that while adoption creates a new legal family, adopted people may have a legitimate interest in understanding their background and history.
For detailed information about the adoption process, eligibility requirements and how to begin, visit GOV.UK or contact your local authority adoption service. If you are concerned that your rights have been affected during adoption proceedings, you may wish to seek advice from a family law solicitor or contact Citizens Advice.
I adopted two kids on international adoption and got my nationality after the process.
Can the keep their original passport as well? The origin country is OK with that...
They would like to participate in international sports competition under their colors.
The paediatrician lied and covered up this, never informed us, despite our rights as parents and we consequently adopted 2 full siblings.
We have been misled for 23 years, only now discovering that no testing ever took place and that the Local Authority and paediatrician have conspired to cover up their errors.
My sister/aunt has recently passed and I beleive that because I was not adopted by my family and even though i was christened my grandmothers name and had the same surname as my aunties and uncles i cannot make a claim from the estate.
Any information would be greatly appreciated thanks.
Obviously I am also feel betrayed by my Aunts shameful conduct, (I knew the family well and we met on several occasions over 30 years- and they also knew well how close me, my father and my children were to him - but I feel totally totally disrespected and devalued by the Law - who I feel should protect people in my position.. How can it be that a man who treated me as a son as soon as he was aware of my existence and able to do so - (plenty of evidence of that) - should be treated differently when it comes to his estate.
Of course, this situation would not even arise if my aunt's family not removed the Will - but I still feel I that I am being discriminated against - whereas others seem to view my reaction as being presumptious - whereas it actually confirms the rejection and distress that adopted people know so well. Why would the court take the side of an acquisitional millionaire Aunt rather than a deceased's only child and family of very modest means? Any ideas appreciated..
I was adopted out in the UK in 1960. My biological mother (EC) met my biological father (DO'D) - an American studying in Ireland. EC ended the relationship without telling him she was pregnant. She then went to the UK (concealing her pregnancy even from her own family) and gave me up for adoption. I was adopted by unrelated persons.
Adoption agency records confirm she told them who my father was and stated that he was unaware of my existence. When I traced my Biological Mother in 1988, she finally agreed to place an advert in a newspaper in Cork, Ireland to which one of DO'D's relatives responded and ultimately DO'D got in contact with EC. EC only put me in contact with him after she had travelled to New York (where he lived) to meet him and belatedly tell him of my existence and the adoption.
We then had a close relationship over 30 years until he died in in 2018. This involved regular visits of me/him/my family to the USA, UK and Ireland. He referred to me as his son and my children as his grandchildren. He told me he had included provision for me in his Will but sadly (but perhaps predictably, I was very naive) this has gone missing. His only sister applied to administer his intestate estate and also specifically applied for me to be disinherited. She told the court that she was following her brother's interests!! This was very upsetting for me. D'OD phoned/skyped me almost on a weekly basis and I have recorded messages and photos which make it clear that we had a very close relationships.
Although there was some remaining evidence that he had written a Will I was unable to trace an original or even a copy and neither was one filed with the Surrogacy Court because immediately after his funeral his sister's family removed all of his personal and private papers from his apartment. They denied there was a Will among them and have still not given me even copies of his photos or correspondence etc..The NY probate court refused to require the sister (deemed administrator and fiduciary) to disclose/provide access to his computer records/emails (*) which would have otherwise almost certainly disclosed identity/whereabouts of his Attorneys and any home made wills - which he told me, my family and his close friends (Attorneys, Court Clerks etc..) he had made. (* the sister had previously agreed via her attorney before the court to share the papers and agree inspection of computers). Ultimately the court relied on § 117 DRL of New York State Law which states that as an "adopted-out" person I have no interest in my father's intestate estate and that it should be left entirely to his sister.
Given that my father did not even know of my existence, let alone agree to the adoption, I do not see why I am prevented from inheriting at least part of his estate and having a few of his personal possessions even for sentimental value. Shouldn't I be seen as an illegitimate or non-marital child in respect of my father's estate and adop
The SA have my records with birth father & mothers names.
They will not give me these names. Is this legal and how can I fight this as I have the right to know?
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