Adoption and Same-Sex Couples: New Rights in European Constitutional Space after the Ruling X and Others v. Austria

DIREITOS FUNDAMENTAIS & JUSTIÇA no.29/2014

28 Pages Posted: 27 May 2016

See all articles by Neliana Rodean

Neliana Rodean

University of Verona - Department of Law

Date Written: October 1, 2015

Abstract

The European “backyard of rights” is enlarging and Member States face a new period of acknowledgment of human rights. The guarantee of the new rights occurs both through national legislation and through the jurisprudence of international or supranational courts. The European Court of Human Rights (ECtHR) became the “fourth judge” called to intervene when the domestic legislation is not guardian of new rights regarding the recognition of the same-sex couples but also the adoption of a child by these couples. In this sense, recently the ECtHR ruled that the impossibility of second-parent adoption in a same-sex relationship is discriminatory when such adoption is possible for unmarried heterosexual couples, although the exclusion of the biological parent. Thus, the decision of the ECtHR established the principle that the adoption of children by same-sex partners should be possible, as it is for heterosexual unmarried couples.

Keywords: Same-sex Couples; Marriage; Adoption; EU Law; Discrimination; Private Life; Equality

JEL Classification: J12, K00, K19

Suggested Citation

Rodean, Neliana, Adoption and Same-Sex Couples: New Rights in European Constitutional Space after the Ruling X and Others v. Austria (October 1, 2015). DIREITOS FUNDAMENTAIS & JUSTIÇA no.29/2014. Available at SSRN: https://ssrn.com/abstract=2784838

Neliana Rodean (Contact Author)

University of Verona - Department of Law ( email )

Italy

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