AbstractIn the light of the view expressed in the recently published Review of Adoption Law that there should be no absolute prohibition on adoption by homosexual persons, this article explores the law as it relates to homosexual persons who wish to adopt a child. It is argued that, although the more recent caselaw concerning homosexual parenting evinces a less overtly moralistic tone than was hitherto the case, the law still relies too heavily on preconceptions about the effects of a parent's homosexuality on children which are not borne out by the available empirical research. As a consequence, adoption by a homosexual will rarely be allowed, which may mean that on occasion the best interests of society (as defined by the judiciary) will take precedence over the interests of the child.