Same-sex adoption in Europe

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Legal status of adoption by same-sex couples in Europe: .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Joint adoption legal Stepparent adoption legal No laws allowing adoption by same-sex couples Same-sex Adoption Map Europe.svg
Legal status of adoption by same-sex couples in Europe:
  Joint adoption legal
  Stepparent adoption legal
  No laws allowing adoption by same-sex couples

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.

Contents

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.

Current situation

Joint adoption

JurisdictionEntry into forceNotes
[1] Flag of Andorra.svg Andorra 25 December 2014
[2] Flag of Austria.svg Austria 1 January 2016
[3] Flag of Belgium (civil).svg Belgium 30 June 2006
[4] Flag of Croatia.svg Croatia 26 May 2022
  • First instance decision 5 May 2021, 26 May 2022 High Administrative Court rejects Ministry appeal.
[5] Flag of Denmark.svg Denmark 1 July 2010
[8] Flag of Estonia.svg Estonia 1 January 2024
  • Only parties to a cohabitation agreement or marriage may adopt
[9] Flag of Finland.svg Finland 1 March 2017
[10] Flag of France.svg France 18 May 2013
  • Also applies to all French overseas territories
[11] Flag of Germany.svg Germany 1 October 2017
[12] Flag of Greece.svg Greece 16 February 2024
[13] Flag of Iceland.svg Iceland 27 June 2006
[14] Flag of Ireland.svg Ireland 6 May 2016
[15] Flag of Liechtenstein.svg Liechtenstein 1 June 2023
[16] Flag of Luxembourg.svg Luxembourg 1 January 2015
[17] Flag of Malta.svg Malta 17 April 2014
[18] [19] Flag of the Netherlands.svg Netherlands 1 April 2001
  • The law initially applied to the European Netherlands only.
  • In 2012 its scope was expanded to include the Caribbean Netherlands.
[20] Flag of Norway.svg Norway 1 January 2009
[21] Flag of Portugal.svg Portugal 1 March 2016
[22] [23] Flag of Slovenia.svg Slovenia 8 July 2022
  • The Ministry of Labour, Family and Social Affairs stated that the existing law allowed for second-parent adoption beginning in July 2011.
  • In 2022, the Constitutional Court made separate rulings legalising same-sex marriage and joint couple adoption.
[24] Flag of Spain.svg Spain 3 July 2005
[25] Flag of Sweden.svg Sweden 1 February 2003
[26] [27] Flag of Switzerland (Pantone).svg Switzerland 1 July 2022
[28] [29] Flag of the United Kingdom.svg United Kingdom 7 November 2002
  • The law initially applied to England and Wales only.
  • In Scotland a separate law came into force on 28 September 2009. [30]
  • In Northern Ireland since 11 December 2013 [31]
  • In Isle of Man since 2 April 2011 [32]
  • In Jersey since 2 April 2012 [33]
  • In Gibraltar since 28 March 2014 [34]
  • In Guernsey since 3 April 2017 [35]

Non-European Territories:

  • In both Bermuda and the Pitcairn Islands since 2015. [36] [37] [38]
  • In the Falkland Islands, Saint Helena, Ascension Island, and Tristan da Cunha since 2017. [39]
  • The Cayman Islands since 2020.
  • Not available in other overseas territories

Step-child adoption

JurisdictionEntry into forceNotes
Flag of the Czech Republic.svg Czechia 1 January 2025
Flag of Italy.svg Italy case law since 2016
  • Can be granted by court order. [40]
Flag of San Marino.svg San Marino 11 February 2019
  • Parties in a civil union may adopt stepchildren only

Public opinion

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]

  Indicates the country/territory has legalized same-sex adoption nationwide
  Indicates that same-sex adoption is legal in certain parts of the country
  Indicates that the country has step-child adoption or partner-guardianship
Opinion polls for same-sex adoption in Europe
CountryPollsterYearForAgainstDon't Know/Neutral/No answer/Other
Flag of Austria.svg  Austria Eurobarometer202365% [42] 30%5%
Flag of Belgium (civil).svg  Belgium Ipsos202172% [43] 21%7%
Flag of Bulgaria.svg  Bulgaria Eurobarometer200612% [44] 68% [44] 20% [44]
Flag of Cyprus.svg  Cyprus Eurobarometer200610% [44] 86% [44] 4% [44]
Flag of the Czech Republic.svg Czech Republic CVVM201947% [45] 47%6%
Flag of Denmark.svg  Denmark Pew Research Center201775% [46] --
Flag of Estonia.svg  Estonia HumanrightsEE202347% [47] 44% [47] 9% [47]
Flag of Finland.svg  Finland Taloustutkimus201351% [48] 42% [48] 7% [48]
Flag of France.svg  France Ipsos202162% [43] 29%10%
Flag of Germany.svg  Germany Ipsos202169% [43] 24%6%
Flag of Greece.svg  Greece KAPA Research202353% [49] 41% [49] 6% [49]
Flag of Hungary.svg  Hungary Ipsos202159% [43] 36%5%
Flag of Ireland.svg  Ireland Red C Poll201160% [50] --
Flag of Italy.svg  Italy Eurispes202350.4% [51] 49.6%0%
Flag of Latvia.svg  Latvia SKDS202327% [52] 23% [52] 46% [52]
Flag of Lithuania.svg  Lithuania Eurobarometer200612% [44] 82% [44] 6% [44]
Flag of Luxembourg.svg  Luxembourg Politmonitor201355% [53] 44% [53] 1% [53]
Flag of Malta.svg  Malta Misco201420% [54] 80% [54] -
Flag of the Netherlands.svg  Netherlands Ipsos202183% [43] 12%5%
Flag of Norway.svg  Norway YouGov201254% [55] 34% [55] 12% [55]
Flag of Poland.svg  Poland Ipsos202133% [43] 58%10%
Flag of Portugal.svg  Portugal Pew Research Center201759% [56] 28% [56] 13% [56]
Flag of Romania.svg  Romania Eurobarometer20068% [44] 82% [44] 10% [44]
Flag of Russia.svg  Russia Ipsos202123% [43] 67%10%
Flag of Serbia.svg  Serbia Civil Rights Defenders202022.5% [57] --
Flag of Slovakia.svg  Slovakia Eurobarometer200612% [44] 84% [44] 4% [44]
Flag of Slovenia.svg  Slovenia Delo Stik201538% [58] 55% [58] 7% [58]
Flag of Spain.svg  Spain Ipsos202177% [43] 17%6%
Flag of Sweden.svg  Sweden Ipsos202179% [43] 17%4%
Flag of Switzerland (Pantone).svg   Switzerland Pink Cross202067% [59] 30% [59] 3% [59]
Flag of Ukraine.svg  Ukraine Gay Alliance of Ukraine20137% [60] 68% [60] 12%
13% would allow some exceptions [60]
Flag of the United Kingdom.svg  United Kingdom Ipsos202172% [43] 19%9%

Court cases about same-sex adoption

V.M.A. vs Sofia municipality, Pancharevo district, Bulgaria [61]

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.

Gas and Dubois vs France [62]

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]

See also

Related Research Articles

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.

<span class="mw-page-title-main">LGBT rights by country or territory</span>

Rights affecting lesbian, gay, bisexual, and transgender (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.

<span class="mw-page-title-main">LGBT rights in Bulgaria</span>

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.

<span class="mw-page-title-main">LGBT rights in Israel</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Israel are considered the most developed in the Middle East. Although same-sex sexual activity was legalized in 1988, the former law against sodomy had not been enforced since a court decision in 1963. Israel became the first country in Asia to recognize unregistered cohabitation between same-sex couples, making it the first country in Asia to recognize same-sex unions in any capacity. Although same-sex marriages are not performed in the country, Israel recognizes same-sex marriages performed elsewhere. Discrimination on the grounds of sexual orientation was prohibited in 1992. Same-sex couples are allowed to jointly adopt, following a landmark court decision in 2008. Previously, stepchild adoption, as well as limited co-guardianship rights for non-biological parents, were permitted. LGBTQ people are also allowed to serve openly in the military.

<span class="mw-page-title-main">LGBT rights in Denmark</span>

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.

<span class="mw-page-title-main">Legal status of same-sex marriage</span>

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.

<span class="mw-page-title-main">LGBT rights in Latvia</span>

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.

<span class="mw-page-title-main">LGBT rights in Luxembourg</span>

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.

<span class="mw-page-title-main">LGBT rights in Europe</span>

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.

<span class="mw-page-title-main">LGBT rights in the Faroe Islands</span>

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.

<span class="mw-page-title-main">LGBT rights in the Americas</span>

Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex and diverse in the Americas, and acceptance of LGBTQ persons varies widely.

<span class="mw-page-title-main">LGBT rights in Greenland</span>

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.

<span class="mw-page-title-main">Recognition of same-sex unions in Europe</span>

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.

<span class="mw-page-title-main">Same-sex union legislation</span>

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.

<span class="mw-page-title-main">LGBT rights in the European Union</span>

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.

<span class="mw-page-title-main">LGBT rights in Jersey</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBTQ people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.

References

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  62. 1 2 HUDOC - European Court of Human Rights (15 March 2012). "Gas and Dubois vs. France, Application no. 25951/07". European Court of Human Rights. Retrieved 2024-05-14
  63. ↑ Napoleonic Code, French Civil Code, English Translation
  64. ↑ "Information Note on Gas and Dubois vs France". HUDOC - European Court of Human Rights. Retrieved 15 May 2024.
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