Background – Q&A: New rules on automatic cross-border recognition of adoptions?

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Background – Q&A: New rules on automatic cross-border recognition of adoptions?


Author: European Parliament.


EU countries have differing legislation on the legal right of same-sex couples to adopt. Automatic recognition of adoption orders may therefore give rise to situations where a member state is required to recognise an adoption by adopters who would not, under the law of the recognising member state, have had the right to adopt.

However, this resolution only concerns the individual parent-child relationship. So it does not oblige member states to recognise any particular legal relationship between the parents of an adopted child.

Furthermore, the resolution requires that the recognition of an adoption must not be manifestly contrary to the public order of the recognising member state.

 

Same-sex couple adoption in the EU

According to a study by the European Parliamentary Research Service, full joint adoption by same-sex couples is legal in 12 EU countries: Belgium, Denmark, Finland (effective March 2017), France, Ireland, Luxembourg, Malta, the Netherlands, Portugal (legislation passed after the study was published), Spain, Sweden and the UK.

Austria, Germany, Estonia and Slovenia, permit step-child adoption in which the partner in a registered partnership may adopt the child of his or her partner. Croatia allows registered and unregistered life partners to become partner-guardians of their partner’s child.


Copyright European Parliament.