Irish family law was formulated around the concept of the family as a married heterosexual couple who conceive children within marriage. This has meant that the unmarried family does not enjoy the full protection of the law. It has only been in the last decade that these families have begun to be included in Irish law. It is interesting to examine this development in light of the European Court of Human Rights (ECHR). In fact, until the late 1980s, there was no legal recognition of same-sex relationships in any European jurisdiction. Even though marriage is becoming more and more viable for same-sex couples in Europe, there remain many jurisdictions where there is no legal recognition. This essay aims to examine the extent to which the ECtHR has given impetus to the recognition of the non-marital family in Irish law. Marriage will be discussed here in the context of the basket of rights it confers. The legal recognition of the non-marital family has implications for various areas of Irish law, such as immigration, adoption, succession. This essay will begin by examining the relevant case law of the ECtHR, particularly as it relates to family life and same-sex couples. The essay will then go on to examine Irish jurisprudence on the non-marital family and how the jurisprudence of the European Court has influenced this. This essay will conclude by examining the societal impact of this treatment of nonmarital families and the ways in which this may change. THE EUROPEAN COURT OF HUMAN RIGHTS This section will look at how unmarried families are treated, in the context of the ECtHR. This problem has developed and changed greatly over the history of the court. In fact, in the case Mazurek v. France, the Court ruled that "the institution... middle of paper... which requests an adoption order, given that Article 2 of the ECHR provides that all organs of State must take into consideration relevant jurisprudence of the ECtHR. Currently, same-sex partners cannot apply jointly for adoption in Ireland, but can do so in the UK, and so this should be considered here. It is illogical that a parent has a better chance of adopting a child alone, rather than together with their partner. Indeed, it is a positive step that a referendum on same-sex marriage is being held. However, the nature of marriage is religious and this referendum could be considered unnecessary and mischaracterize the issue when legal and contractual rights are at stake. If legislation were changed to give people in civil partnerships the same rights as marriage, or if adoption legislation were changed, there would be no legal need for same-sex marriage.