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

QUESTIONS?