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 23 of the 56 European countries, and in all dependent territories.
Full joint adoption by same-sex couples is legal in 23 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 and Czechia (eff. 1/1/25) permits step-child adoption in which the registered partner can adopt the biological and, in some cases, the adopted child of their 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 2024 |
|
[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 | |
---|---|---|---|
Czechia | 1 January 2025 | ||
Italy | case law since 2016 |
| |
San Marino | 11 February 2019 |
|
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 | Eurobarometer | 2023 | 65% [42] | 30% | 5% |
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% |
On 15 April 2021, the European Court of Justice found that a member state is required to grant citizenship to the child of a same-sex couple regardless of the legality of same-sex marriages in that state. A married lesbian couple was living in Spain when they had their first child in December 2019. One woman had Bulgarian citizenship, and the other had British. The Spanish birth certificate designated one mother as “Mother A” and the other as “Mother.” When the Bulgarian woman applied for citizenship for her daughter in Bulgaria, she was denied because Bulgaria does not recognize same-sex unions and registrations. Article 46 of the Bulgarian Constitution reads, “Marriage is a voluntary union between a man and a woman,” hence not allowing for same-sex relationships. [61] However, it was unclear whether their status as a same-sex couple should interfere with the citizenship of their child. The European Court of Justice found that despite Bulgaria’s constitutional objection to homosexual marriages, they could not deny the child their Bulgarian nationality, regardless of whether the child was the legal or biological child of the applicant. Therefore, the child was issued a Bulgarian birth certificate and granted citizenship to Bulgaria. The couple was protected by Article 21 of the Treaty on the Functioning of the European Union, which ensures members’ rights to move freely between countries. [61] The Bulgarian woman’s new residence in Spain did not destroy her child’s right to Bulgarian citizenship.
Two French women who had been living together since 1989 joined a civil partnership agreement in 2002. In 2000, one of the women traveled to Belgium for an artificial insemination treatment. Upon birth, only the biological mother was granted parental custody of the child. The other mother applied for a simple adoption in order to obtain joint parental custody and was denied. Article 365 of the French Civil Code clarifies that a simple adoption is available to married couples specifically, but Article 144 prohibited same-sex marriage. [63] Therefore, they could not achieve the legal status required for simple adoption. The women appealed to the European Court of Human Rights, claiming that they were discriminated against based on sexual orientation, claiming that their right to a private family life (Article 8 of the European Convention of Human Rights) and their right to equity under the law (Article 14) had been violated. [62] The court held in a 6-1 decision that the women had experienced no legal violation of Articles 8 and 14, so no simple adoption for joint custody would be allowed. [64]
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. Polling suggests that a significant majority of Germans support the legal recognition of same-sex marriage. 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, transgender and queer (LGBTQ) 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. Polling indicates that a significant majority of Danes support the legal recognition of same-sex marriage. Denmark was the fourth Nordic country, after Norway, Sweden and Iceland, the eighth in Europe and the eleventh in the world 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.
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.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
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. Polling indicates that a majority of Austrians support the legal recognition of same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. In November 2023 registered partnerships were codified into law. These partnerships are available to both same and different sex couples - since July 1, 2024 the implemented registered partnership law has the similar rights and obligations as married couples - with the exception of the title of marriage, and adoption or inheritance rights.
Lesbian, gay, bisexual, and transgender (LGBT) people in Luxembourg have the same legal rights as non-LGBT people. Partnerships, which grant many of the benefits of marriage, have been recognised since 2004. In June 2014, the Luxembourgish Parliament passed a law enabling same-sex marriage and adoption rights, which took effect on 1 January 2015. Additionally, discrimination on the basis of sexual orientation and "change of sex" in employment, healthcare and the provision of goods and services is outlawed, and transgender people are allowed to change their legal gender on the basis of self-determination.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Switzerland are some of the most 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 (LGBTQ) rights are widely diverse in Europe per country. 22 of the 38 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 recognition for same-sex couples.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Faroe Islands are relatively similar to that of Denmark. The progress of LGBT rights has been slower, however. While same-sex sexual activity has been legal in the Faroe Islands since the 1930s, same-sex couples never had a right to a registered partnership. In April 2016, the Løgting passed legislation legalizing civil same-sex marriage on the Faroes, recognizing same-sex marriages established in Denmark and abroad and allowing same-sex adoption. This was ratified by the Folketing in April 2017. The law went into effect on 1 July 2017.
Many countries in the Americas grant legal recognition to same-sex unions, with almost 85 percent of people in both North America and South America living in jurisdictions providing marriage rights to same-sex couples.
Laws governing lesbian, gay, bisexual, transgender and queer (LGBTQ) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.
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.
The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people 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)