Instruments Archives: Convention on the Rights of the Child
Acción de Inconstitucionalidad 2/2010, Mexican Supreme Court of Justice (10 August 2010)
Procedural Posture The Federal Attorney General challenged the constitutionality of a series of Civil Code amendments that permitted same-sex couples to marry and adopt children. Facts In December 2009 the legislature of the Federal District amended a series of articles of the Federal District’s Civil Code. Article 146, as amended, defined marriage in gender-neutral terms. […]
In re Foreign Adoption, Supreme Court of the Republic of Slovenia (28 January 2010)
Procedural Posture The Prosecutor General filed an appeal, called a request for protection of legality, against a decision of the Ljubljana District Court to recognise a foreign adoption by a same-sex couple. Facts The applicant parents, a same-sex couple with dual Slovenian and United States citizenship, had registered a same-sex civil partnership in New Jersey […]
Re Alex, Family Court of Australia (6 May 2009)
Procedural Posture The Government and Secretary of the Department of Human Services brought suit on behalf of Alex for a declaration from the Court that the Secretary could allow the seventeen-year old to undergo a bilateral mastectomy. A 2004 ruling had allowed the Secretary to consent to hormone therapy but had not considered the possibility […]
Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal (21 December 2007)
(Note: Summary based on translation published in National Judicial Academy Law Journal, 2 NJA Law Journal 2008, pp. 261-286.) Procedural Posture In April 2007, the Blue Diamond Society, MITINI Nepal, Cruse AIDS Nepal, and Parichaya Nepal, all organizations representing lesbians, gays, and “people of the third gender”, filed a writ petition under Article 107(2) of […]
Pablo-Gualberto v. Gualberto, Supreme Court of the Philippines (28 June 2005)
Procedural Posture The father of a four-year-old child filed a petition to annul his marriage with the child’s mother, who had left the marital home with the child and was allegedly in a relationship with another woman, and the father attached an ancillary request for custody of the child while the litigation was pending. The […]
Yaros-Hakak v. Attorney General, Supreme Court of Israel (10 January 2005)
Procedural Posture The appellants, a same-sex couple, applied to adopt each other’s biological children. The Family Court denied the application and the District Court upheld the decision. The appellants appealed to the Supreme Court. Facts The appellants were in a lesbian relationship. Through anonymous sperm donations, one woman gave birth to two children while the […]