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Same-sex parents in Hungary: legal situation and political debates

Same-sex parents in Hungary: legal situation and political debates. Tamás Dombos Háttér Support Society for LGBT People in Hungary. Forms of partnership. marriage Family Code: marriage between adult woman and man pre-2012: Constitution interpreted to prohibit

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Same-sex parents in Hungary: legal situation and political debates

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  1. Same-sex parents in Hungary: legal situation and political debates Tamás Dombos Háttér Support Society for LGBT People in Hungary

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Questions?tdombos@hatter.hu

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