Legal recognition of same-sex partnerships varies across Europe, with some offering full rights and others facing legal hurdles.
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The definition of partnership in Lithuania has existed since the beginning of the Civil Code, but it only addressed relationships between a man and a woman. The Constitutional Court has ruled that this provision violates the Constitution, as the Seimas cannot establish a legal recognition form exclusively for opposite-sex couples while excluding same-sex couples. A law regulating partnership is pending, and until then, couples seeking recognition must go to court, as noted by Court judge Daiva PetrylaitÄ—.
In many European countries, partnerships for same-sex or opposite-sex couples are recognized, often with rights equivalent to marriage. In the EU, countries allowing same-sex marriage generally recognize partnerships formed in other member states. In countries that do not allow same-sex marriage but have registered partnership forms, same-sex marriages performed abroad usually grant the same rights as registered partnerships.
Austria grants same-sex couples the same rights as heterosexual couples, allowing them to choose between registered partnership or marriage. Since 2016, child-rearing is possible regardless of legal status. Lesbians have access to assisted reproductive technologies like IUI and IVF, which require a notarized statement but not official partnership.
In Czechia, same-sex couples have had the option of registered partnership since 2006, despite criticism that it lacks the full rights of marriage, such as pension or shared property rights. While some right-to-marriage proposals have been rejected, recent partnership law amendments have granted new rights, including shared surnames, broader inheritance rights, and the right to raise a partner’s biological child, though joint child-rearing is not yet permitted.
France allows both registered partnerships (PACS, established in 1999) and same-sex marriage (since May 17, 2013), with over 70,000 same-sex couples marrying in 2022. Both married and partnered couples can have children, provided they meet residency or age requirements, though heterosexual couples often find the process smoother.
In Croatia, same-sex relationships were legalized with the Life Partnership Act in 2014. While the term “marriage” is not used for same-sex couples, the law grants most marital rights, except the right to have children as a couple. The Constitutional Court ruled in 2020 that same-sex couples have the right to be guardians under the same conditions as any other couple.
Romania currently lacks any legal recognition for same-sex couples. However, the European Court of Human Rights ordered Romania to change its laws to regulate civil partnerships in 2023. Despite public skepticism, a legislative draft has been introduced in Parliament, proposing additional rights like inheritance and shared property, while excluding rights such as hospital visitation or spousal medical decision-making. LGBTQ+ advocacy groups emphasize that civil partnership should also cover unmarried heterosexual couples who need legal protection.
