Sexual Orientation and the ECtHR: what relevance is given to the best interests of the child? An analysis of the European Court of Human Rights' approach to the best interests of the child in LGBT parenting cases

Abstract

New social and legal demands take time to have societal and legal recognition. Changes in family compositions have challenged societies’ values and legislation based on traditional practices or on an ideal concept of family. Some policy-makers and researchers, for instance, promote the idea that parents should be offered incentives to get married and remain married in order to ensure that children are raised in two-parent families. Not so long ago, children born outside of wedlock were not granted any rights. Adopted children did not have same rights as their “normal” siblings.