Adoption by LGBT people in Europe differs in legal recognition from country to country. Full joint adoption or step-child adoption or both is legal in 22 of the 56 European countries, and in all dependent territories.
Full joint adoption by same-sex couples is legal in nineteen European countries, namely Andorra, Austria, Belgium, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. San Marino permits step-child adoption in which the registered partner can adopt the biological and, in some cases, the adopted child of his or her partner. In Italy stepchild adoption has been recognized by courts since 2016 after the Supreme Court of Cassation stated that a couple in a civil union can adopt their partner’s child.
In dependent territories, joint adoption by same-sex couples is legal in Saint Helena, Ascension and Tristan da Cunha, Cayman Islands, Gibraltar, Falkland Islands, Guernsey, Greenland, the Faroe Islands, the Isle of Man and Jersey. Several countries are currently considering permitting full joint or step-child adoption by same-sex couples.
Jurisdiction | Entry into force | Notes | |
---|---|---|---|
[1] | Andorra | 25 December 2014 | |
[2] | Austria | 1 January 2016 | |
[3] | Belgium | 30 June 2006 | |
[4] | Croatia | 26 May 2022 |
|
[5] | Denmark | 1 July 2010 |
|
[8] | Estonia | 1 January 2016 |
|
[9] | Finland | 1 March 2017 | |
[10] | France | 18 May 2013 |
|
[11] | Germany | 1 October 2017 | |
[12] | Greece | 16 February 2024 | |
[13] | Iceland | 27 June 2006 | |
[14] | Ireland | 6 May 2016 | |
[15] | Liechtenstein | 1 June 2023 | |
[16] | Luxembourg | 1 January 2015 | |
[17] | Malta | 17 April 2014 | |
[18] [19] | Netherlands | 1 April 2001 |
|
[20] | Norway | 1 January 2009 | |
[21] | Portugal | 1 March 2016 | |
[22] [23] | Slovenia | 8 July 2022 |
|
[24] | Spain | 3 July 2005 | |
[25] | Sweden | 1 February 2003 | |
[26] [27] | Switzerland | 1 July 2022 | |
[28] [29] | United Kingdom | 7 November 2002 |
Non-European Territories: |
Jurisdiction | Entry into force | Notes | |
---|---|---|---|
San Marino | 11 February 2019 |
|
In Italy step-child adoption has been admitted by case law since 2016 and can be granted by court order. [40]
This article needs to be updated.(February 2016) |
According to pollster Gallup Europe, women, younger generations, and the highly educated are more likely to support same-sex marriage and adoption rights for gay people than other demographics. [41]
Country | Pollster | Year | For | Against | Don't Know/Neutral/No answer/Other |
---|---|---|---|---|---|
Austria | IMAS | 2015 | 46% [42] | 48% [42] | 6% |
Belgium | Ipsos | 2021 | 72% [43] | 21% | 7% |
Bulgaria | Eurobarometer | 2006 | 12% [44] | 68% [44] | 20% [44] |
Cyprus | Eurobarometer | 2006 | 10% [44] | 86% [44] | 4% [44] |
Czech Republic | CVVM | 2019 | 47% [45] | 47% | 6% |
Denmark | Pew Research Center | 2017 | 75% [46] | - | - |
Estonia | HumanrightsEE | 2023 | 47% [47] | 44% [47] | 9% [47] |
Finland | Taloustutkimus | 2013 | 51% [48] | 42% [48] | 7% [48] |
France | Ipsos | 2021 | 62% [43] | 29% | 10% |
Germany | Ipsos | 2021 | 69% [43] | 24% | 6% |
Greece | KAPA Research | 2023 | 53% [49] | 41% [49] | 6% [49] |
Hungary | Ipsos | 2021 | 59% [43] | 36% | 5% |
Ireland | Red C Poll | 2011 | 60% [50] | - | - |
Italy | Eurispes | 2023 | 50.4% [51] | 49.6% | 0% |
Latvia | SKDS | 2023 | 27% [52] | 23% [52] | 46% [52] |
Lithuania | Eurobarometer | 2006 | 12% [44] | 82% [44] | 6% [44] |
Luxembourg | Politmonitor | 2013 | 55% [53] | 44% [53] | 1% [53] |
Malta | Misco | 2014 | 20% [54] | 80% [54] | - |
Netherlands | Ipsos | 2021 | 83% [43] | 12% | 5% |
Norway | YouGov | 2012 | 54% [55] | 34% [55] | 12% [55] |
Poland | Ipsos | 2021 | 33% [43] | 58% | 10% |
Portugal | Pew Research Center | 2017 | 59% [56] | 28% [56] | 13% [56] |
Romania | Eurobarometer | 2006 | 8% [44] | 82% [44] | 10% [44] |
Russia | Ipsos | 2021 | 23% [43] | 67% | 10% |
Serbia | Civil Rights Defenders | 2020 | 22.5% [57] | - | - |
Slovakia | Eurobarometer | 2006 | 12% [44] | 84% [44] | 4% [44] |
Slovenia | Delo Stik | 2015 | 38% [58] | 55% [58] | 7% [58] |
Spain | Ipsos | 2021 | 77% [43] | 17% | 6% |
Sweden | Ipsos | 2021 | 79% [43] | 17% | 4% |
Switzerland | Pink Cross | 2020 | 67% [59] | 30% [59] | 3% [59] |
Ukraine | Gay Alliance of Ukraine | 2013 | 7% [60] | 68% [60] | 12% 13% would allow some exceptions [60] |
United Kingdom | Ipsos | 2021 | 72% [43] | 19% | 9% |
Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.
Same-sex marriage has been legal in Germany since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Steinmeier and published in the Federal Law Gazette on 28 July 2017. Previously, the governing CDU/CSU had refused to legislate on the issue of same-sex marriage. In June 2017, Chancellor Angela Merkel unexpectedly said she hoped the matter would be put to a conscience vote. Consequently, other party leaders organised for a vote to be held in the last week of June during the final legislative session before summer recess. The Bundestag passed the legislation on 30 June by 393 votes to 226, and it went into force on 1 October. Germany was the first country in Central Europe, the fourteenth in Europe, and the 22nd in the world to allow same-sex couples to marry nationwide.
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Same-sex marriage has been legal in Denmark since 15 June 2012. A bill for the legalization of same-sex marriages was introduced by the Thorning-Schmidt I Cabinet, and approved by the Folketing on 7 June 2012. It received royal assent by Queen Margrethe II on 12 June and took effect three days later. Denmark was the eleventh country in the world and the eighth in Europe to legalize same-sex marriage. It was the first country in the world to enact registered partnerships, which provided same-sex couples with almost all of the rights and benefits of marriage, in 1989.
Same-sex marriage has been legal in Switzerland since 1 July 2022. Legislation to open marriage to same-sex couples passed the Swiss Parliament in December 2020. The law was challenged in a referendum on 26 September 2021 by opponents of same-sex marriage and was approved with the support of 64% of voters and a majority in all 26 cantons. The law went into force on 1 July 2022. A provision of the law permitting same-sex marriages performed abroad to be recognised in Switzerland took effect on 1 January 2022. Switzerland was the seventeenth country in Europe and the 30th in the world to allow same-sex couples to marry.
Liechtenstein has recognized same-sex registered partnerships since 1 September 2011 following approval by voters in a referendum. Liechtenstein was the second country in the world to pass a partnership law by referendum, after Switzerland in 2005.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Germany rank among the highest in the world and have evolved significantly over the course of the last decades. During the 1920s and the early 1930s, lesbian and gay people in Berlin were generally tolerated by society and many bars and clubs specifically pertaining to gay men were opened. Although same-sex sexual activity between men was already made illegal under Paragraph 175 by the German Empire in 1871, Nazi Germany extended these laws during World War II, which resulted in the persecution and deaths of thousands of homosexual citizens. The Nazi extensions were repealed in 1960 and same-sex sexual activity between men was decriminalized in both East and West Germany in 1968 and 1969, respectively.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Austria have advanced significantly in the 21st century, and are now among the most advanced in Europe. Both male and female forms of same-sex sexual activity are legal in Austria. Registered partnerships were introduced in 2010, giving same-sex couples some of the rights of marriage. Stepchild adoption was legalised in 2013, while full joint adoption was legalised by the Constitutional Court of Austria in 2016. On 5 December 2017, the Austrian Constitutional Court decided to legalise same-sex marriage, and the ruling went into effect on 1 January 2019.
Lesbian, gay, bisexual, and transgender (LGBT) people in Liechtenstein have several but not all of the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1989, with an equal age of consent since 2001. Same-sex couples have had access to registered partnerships since 2011, and discrimination on the basis of sexual orientation has been outlawed in some areas since 2016.
Danish lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. In 2023, ILGA-Europe ranked Denmark as the third most LGBT-supportive country in Europe. Polls consistently show that same-sex marriage support is nearly universal amongst the Danish population.
Same-sex marriage has been legal in Austria since 1 January 2019. On 4 December 2017, the Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution of Austria guarantee same-sex couples the right to marry. The decision took effect on 1 January 2019, making Austria the 24th country in the world and the fifteenth in Europe to allow same-sex couples to marry nationwide. Austria has also recognised same-sex registered partnerships since 1 January 2010, providing several, but not all, of the rights, benefits, obligations and responsibilities of marriage.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Switzerland are progressive by world standards. Social attitudes and the legal situation have liberalised at an increasing pace since the 1940s, in parallel to the situation in Europe and the Western world more generally. Legislation providing for same-sex marriage, same-sex adoption, and IVF access was accepted by 64% of voters in a referendum on 26 September 2021, and entered into force on 1 July 2022.
Lesbian, gay, bisexual, and transgender (LGBT) rights are widely diverse in Europe per country. 21 of the 36 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of more limited recognition for same-sex couples.
Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBT persons varies widely.
Same-sex marriage has been legal in the Faroe Islands since 1 July 2017. Legislation allowing same-sex marriage and adoption by same-sex couples was approved by the Løgting on 29 April 2016. The Danish Parliament approved the necessary legislative adaptations on 25 April 2017, and the law received royal assent on 3 May and went into effect on 1 July 2017.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Greenland are some of the most extensive in the Americas and the world, relatively similar to those in Denmark proper in Europe. Same-sex sexual activity is legal, with an equal age of consent, and there are some anti-discrimination laws protecting LGBT people. Same-sex couples had access to registered partnerships, which provided them with nearly all of the rights provided to married opposite-sex couples, from 1996 to 2016. On 1 April 2016, a law repealing the registered partnership act and allowing for same-sex marriages to be performed came into effect.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Same-sex marriage has been legal in Greenland since 1 April 2016. Same-sex marriage legislation passed the Inatsisartut unanimously on 26 May 2015. Approval by the Folketing followed on 19 January 2016, and the law received royal assent on 3 February. The first same-sex marriage was performed in Nuuk on 1 April.
Same-sex marriage is legal in the following countries: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States, and Uruguay.
LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage, and adoption by same-sex couples.
{{cite web}}
: CS1 maint: bot: original URL status unknown (link)