The subject of this paper is adoption by persons of homosexual orientation and the development of their rights. An analysis of the content of domestic and foreign literature provides an insight into the rights of persons of homosexual orientation and how development of their rights led to the emergence of the right to adoption in some countries within the European Union. It is important to protect the rights of persons of homosexual orientation in general, as well as prevent discrimination toward them. The institution of adoption was preceded by the appearance of same-sex partnerships, and then the institution of marriage for persons of homosexual orientation in some countries of the European Union. An important role for this topic was played by the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the European Court of Human Rights, which promote the protection of the rights of persons of homosexual orientation and prohibit their discrimination. The number of countries that allow adoption for people of homosexual orientation is growing, but it is not available everywhere. The methods of adoption in the countries are different and those that enable adoption to same-sex partners are fewer. Although the possibility of adoption is still not possible in a large number of countries, the situation is slowly changing in comparison with the attitudes Europan Court of Human Rights.