A lesbian couple from Austria challenged their country's ban on same-sex adoptions to the European Court for Human Rights (ECHR)?on Wednesday.
The couple argued that the refusal by an Austrian court to allow one of the women to adopt the son of her partner amounted to discrimination on the basis of sexual orientation.
The two women, both in their forties, have been in a stable relationship for several years.
One of the women had a son out of wedlock 17 years ago, for whom she has sole custody.
The couple applied for her partner to be allowed to adopt the boy in 2005, but a court rejected the application, saying the Civil Code barred the boy from being adopted by a woman if he already had a mother.
The ruling was based on the court's interpretation of the term “parents’’ to mean people of different sex.
The couples say the ban, which was upheld by Austria's Supreme Court, violates Articles eight and 14 of the European Convention of Human Rights, which protect family privacy and bans discrimination.
The ECHR had already held a first hearing in the case in December 2011, but later decided to refer the case to the 17-judge Grand Chamber, its highest authority.
A ruling is not expected for several months.?
The case is only the second of its kind to come before the European court.
In March, the court dismissed a challenge by a French woman against her country's ban on same-sex adoptions.
Like the Austrian couple the woman complained of discrimination but the court rejected the claim, pointing out that unmarried heterosexual couples in France are also barred from adopting.
France's new Socialist government has since announced that it plans to allow gay couples to get married and adopt by next year.
Several European nations including Belgium, the Netherlands and Portugal, already allow gay marriage and adoption.
Austria legalised same-sex civil unions in 2010 but does not allow same-sex adoptions. (dpa/NAN)