Overview of forms of joint legal parenting available to same-sex couples in european countries

Droit et Societe

Volumn 72, Issue 2, 2009, Pages 383-385

  Waaldijk, Kees ^a  

^a LEIDEN UNIVERSITY   (Netherlands)

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EID: 70849106292     PISSN: 07693362     EISSN: None     Source Type: Journal    
DOI: 10.3917/drs.072.0383     Document Type: Article

References (20)

1. In Austria, this is only possible if the other parent is dead. However, not only married different-sex stepparents but also unmarried and same-sex stepparents automatically have some social security and employment rights with respect to the child of his or her partner (including health insurance cover, and care leave if the child is sick). Furthermore, under pending legislation they will receive a few more rights (including representation in school matters and concerning day-to-day medical care).
2. In Denmark, second-parent adoption by a same-sex partner is not possible if the first parent has adopted the child from a foreign country.
3. In Denmark, legislation is being prepared to allow same-sex couples to jointly adopt a child.
4. In Finland, the relevant legislation enters into force on 1 September 2009.
5. In Germany, the other (registered) partner has only limited responsibilities (kleines Sorgerecht).
6. In Iceland, second-parent adoption by a same-sex partner is not possible if the first parent has adopted the child from a foreign country.
7. In Iceland, since 2006, if the child is the result of medically assisted fertilisation performed within the public health services, and the mother's female (cohabiting or registered) partner has agreed to the treatment, the latter will automatically receive the status of adoptive (second) mother of the child.
8. In the Netherlands, any (married, registered or cohabiting) same-sex couple can petition the court to be given joint parental authority and responsibilities over any child of one of them; this is so since 1 January 1998. Furthermore, since 1 January 2002, if two women are married or registered as partners, and a child is born to one of them during their marriage or registered partnership, they automatically obtain joint parental authority and responsibilities.
9. In the Netherlands, the exclusion of same-sex couples from intercountry adoption was lifted on 1 January 2009.
10. In the Netherlands, if the two women are married or registered as partners, they will automatically obtain joint parental authority and responsibilities over the child that is born during their marriage or registered partnership; this is so since 1 January 2002. Currently the government is working out plans to allow the female spouse to become the second parent without having to go to court for an adoption.
11. In Norway, this is only possible if the other parent is dead.
12. In Norway, second-parent adoption by a same-sex partner is not possible if the first parent has adopted the child from a foreign country which does not allow same-sex couples to adopt.
13. In Norway, joint adoption by a same-sex couple is possible since 1 January 2009.
14. In Norway, since 1 January 2009, the mother's female (married, registered or cohabiting) partner will become the second mother of the child, but only if fertilisation has taken place in an approved health-care facility in Norway or abroad, and the female partner has consented to the treatment, and the semen donor's identity is known.
15. In Spain, if the child is the result of medically assisted fertilisation, the female spouse of the mother will become the legal parent, if that spouse has consented to becoming the legal parent.
16. In Sweden, the other partner has only very limited responsibilities.
17. In Sweden, if the child is the result of medically assisted fertilisation performed within the public health services, the female spouse of the mother will become the legal parent.
18. In Scotland, legislation allowing such adoption is expected to enter into force in September 2009. In England and Wales such legislation is in force since 30 December 2005. In Northern Ireland, there is no such legislation yet, but it may be possible under case law.
19. In Scotland, legislation allowing such adoption is expected to enter into force in September 2009. In England and Wales such legislation is in force since 30 December 2005. In Northern Ireland, there is no such legislation yet, but it may be possible under case law.
20. In the United Kingdom (except Northern Ireland), since 6 April 2009, if the child is the result of medically assisted fertilisation, the female partner of the mother will become the second legal parent.