392. Creating, or not creating, a family.

Restrictions on access to IVF treatment may interfere with Article 81 rights2, although the European Court of Human Rights has accorded contracting states a wide margin of appreciation in this area3. Article 8 does not guarantee the right to adopt as such: the right to respect for family life presupposes the existence of a family and does not safeguard the mere desire to found one4. However, refusal of an application to adopt based on the sexual orientation of the applicant violates Article 8 read in conjunction with Article 14