30 May

Same Sex Marriage and Adoption Rights in Greece

The Plenary Session of the Council of State (ΣτΕ), Greece’s highest administrative court, has upheld the constitutionality of the law allowing same-sex marriage and adoption rights in Greece by same sex couples in Greece, marking a historic milestone for LGBTQ+ rights in the country.

In a decision announced by the President of the Council of State, issued just 50 days after the hearing—a timeframe reserved for cases of major importance—the court confirmed that the key provisions of Law 5089/2024, titled “Equality in Civil Marriage, Amendment of the Civil Code, and Other Provisions”, are in line with the Greek Constitution.

What the Decision Means

The Council of State dismissed an application for annulment that challenged the constitutionality of Law 5089/2024. By majority, the court ruled that the law—extending the right to contract a civil marriage to same-sex couples and allowing them to adopt children, either jointly or by recognizing the child of one partner as the child of the other—does not violate constitutional protections related to:

• Marriage and family life

• Motherhood and childhood (Article 21(1))

• Equality before the law (Article 4(1))

Constitutionality of LGBTQ+ Rights in Greece Affirmed

In essence, the Plenary Session of the Council of State confirmed that recognizing same-sex marriages and adoption rights is fully compliant with the Greek Constitution. Same-sex married couples in Greece may now adopt a child jointly or legally adopt their partner’s biological or adopted child.

Who Challenged the Law

The case was brought forward by three organizations:

• The Association for the Protection of the Unborn Child – Agia Emmeleia

• The Center for Patristic Studies (Estia Paterikon Meleton)

• The United Romiosyni Association

The annulment request specifically challenged Ministerial Decision 15796/20.2.2024 (Government Gazette B’ 1258), issued under Article 12(1) of Law 5089/2024, which governs how the names of spouses and parents are recorded in civil registries (birth, marriage, and death certificates). The National Commission for Human Rights (EEDA) intervened in support of the law.

A Turning Point for Equality in Greece

This landmark ruling strengthens the legal recognition of LGBTQ+ rights in Greece, aligning national legislation with evolving European human rights standards and affirming the right of all individuals to marry and form a family, regardless of sexual orientation.

Need Legal Advice on LGBTQ+ Rights, Same-Sex Marriage, or Adoption in Greece?

At Economou & Economou Law Office, among the best family law offices in Greece according to Lawzana, we provide expert legal assistance in family law, constitutional law, and human rights in Greece. Contact us today for personalized legal support regarding same-sex marriage, child adoption, or civil registry procedures.

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