Litigation: ILGA Portugal files class action with 10 families demanding second-parent adoption

11/03/2013
Submitted by lLGA Portugal

On Wednesday, ILGA Portugal filed a class action against the Portuguese State, the Ministry of Justice and the Institute of Registries and Notaries.

Introducing the concrete example of 10 families (that represent many more Portuguese families), we demand justice for the children who are raised by same-sex couples, and for their families. The State is required to allow for the possibility of registering both parents (married or in a de facto union) for all cases where the child only has one legally recognized parent.

Paulo Corte-Real, Chair of ILGA Portugal, explains: "We have always emphasized the educational role of political decisions, but it is the quality of life of children and their families that is at stake and hence the absolute urgency of this recognition. This lawsuit also demonstrates, with a dozen examples, a reality that is in fact much broader. "

Isabel Advirta, Vice-Chair of ILGA-Portugal and coordinator of our Rainbow Families group, said: "It is essential and urgent that the Constitution is respected and that discrimination does not limit the rights and welfare of our children and their families. And it is essential and urgent that Portugal's commitments to human rights are respected. ".

Mariana and Marta, one of the couples who appear as witnesses in this case, point out: "It is essential that we both can be registered as mothers of our son, to ensure his welfare and safety, in contexts such as schools, hospitals, or even in extreme situations such as the death of the only parent with legal recognition. This discrimination can not continue to harm children and families. "

Luis Grave Rodrigues, the lawyer representing ILGA Portugal in this class action, concludes: "Recently, the European Court of Human Rights condemned Austria for not allowing second-parent adoption in same-sex couples, when it is allowed for different-sex couples. We have no doubt that there is a similar violation of Human Rights in Portugal and want to achieve justice for all these families. "

The text submitted to the Court (in Portuguese) can be found here: http://ilga-portugal.pt/ficheiros/pdfs/AcaoPopularsemids.pdf


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