Embed Size (px)
Citation preview
SAME-SEX PARENTS IN HUNGARY: LEGAL SITUATION AND
POLITICAL DEBATES
Tamás Dombos Háttér Support Society for LGBT People in Hungary
Forms of partnership
Getting a child
Recognition of social parent
Current debates
FORMS OF PARTNERSHIP
• marriage– Family Code: marriage between adult woman and man– pre-2012: Constitution interpreted to prohibit– post-2012: Constitution explicitly prohibits
• registered partnership– since 2009– where legislation mentions marriage/spouse, it also
includes registered partnership/registered partner– exceptions: age limit, taking the partners name,
parenting (ART, joint or consecutive adoption)
• cohabitation– since 1996 (following 1995 Constitutional Court
decision)– optional registration since 2010– several rights (next of kin, social benefits, immigration;
BUT limited joint property, no inheritance)– unclear about child-partner of parent relationship
Forms of partnership
Getting a child
Recognition of social parent
Current debates
GETTING A CHILD
• adoption– joint adoption: only for married couples– single adoption: available, but married couples to be
given preference
• assisted reproduction– only for married couples, straight cohabiting couples
and single women (if infertile or due to their age likely to become infertile soon)
– easy to circumvent: lie about partnership status (criminal offence)
– home insemination criminalized
• surrogacy– all forms banned, certain forms criminalized
• coparenting– lack of legislation, treated as separated parents
Forms of partnership
Getting a child
Recognition of social parent
Current debates
RECOGNITION OF SOCIAL PARENT I.
• second parent adoption:– only for married couples
• step parent: – spouse (thus registered partner) of parent
– recognized in most fields of law (labor, criminal, tax and social benefits)
• „nevelőszülő”: unclear– foster parent? or cohabiting partner as well?
• social benefits– income based parental leave, childcare allowance,
tax benefits: only for registered partners
– basic parental leave, sick leave: for both cohabiting and registered partners
Forms of partnership
Getting a child
Recognition of social parent
Current debates
RECOGNITION OF SOCIAL PARENT II.
• healthcare– visitation yes, decision making no for both registered
and cohabiting partners
• death of biological parent– appointment of legal guardian (in will or at
guardianship office)
• death of social parent– no automatic inheritance
– preferential inheritance tax for registered partners, unclear for cohabiting partner (v. no tax for biological or adopted children)
• breakdown of partnership– no duty to pay child allowance, no visitation right
Forms of partnership
Getting a child
Recognition of social parent
Current debates
CURRENT DEBATES
• who counts as family?– Family Protection Act: family defined with reference
to marriage and filiation (challenged by ombuds at Constitutional Court)
– new Civil Code debate: cohabitation and registered partnership should be removed from Book on Family Law
• second parent adoption– Civil Code 2009 version: available for cohabiting
couples (not for registered partners) – strange compromise
– new Civil Code: amendments by opposition parties, unlikely to pass
