SAMESEX PARENTS IN HUNGARY LEGAL SITUATION AND POLITICAL

SAME-SEX PARENTS IN HUNGARY: LEGAL SITUATION AND POLITICAL DEBATES Tamás Dombos Háttér Support Society for LGBT People in Hungary

FORMS OF PARTNERSHIP Forms of partnership Getting a child • – Family Code: marriage between adult woman and man – pre-2012: Constitution interpreted to prohibit – post-2012: Constitution explicitly prohibits Recognition of social parent Current debates marriage • 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

GETTING A CHILD Forms of partnership Getting a child Recognition of social parent Current debates • 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

QUESTIONS? TDOMBOS@HATTER. HU