The Rights of Children Raised in Lesbian, Gay, Bisexual or Transgender Families

A European Perspective

This report documents the existing framework of legal protection of the rights of children in LGBT families at European level, analyses the many gaps in their protection, and makes recommendations for addressing these.

See also

News

Greece adopts historic bill introducing marriage equality

We welcome and celebrate with local activists the news that the Greek parliament has adopted an historic bill introducing marriage equality, granting marriage and adoption […]
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Blog

Attacks on LGBTI rights in Italy are human rights violations, Commissioner reports

Since the new Italian government came into power in 2022, it has been toying with the rights of LGBTI people. Draft legislation that would do […]
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News

Poland must ensure that same-sex couples are legally recognised, European Court rules

The European Court of Human Rights has issued a judgement against Poland in a case taken by five same-sex couples in the country, seeking to […]
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News

JOINT STATEMENT ON HUMAN RIGHTS VIOLATIONS IN ITALY

Today, November 20, we celebrate UN World Children’s Day, and feel compelled to draw attention to the recent developments in Italy where some children no […]
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News

Statement: Kyrgyzstan targets LGBTI communities in a new law

ILGA-Europe expresses solidarity and stands with LGBTI organisations and communities in Kyrgyzstan as the country’s President signed into law a discriminatory provision banning dissemination of information about LGBTI people, rights, and identities among minors.
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News

Romania failed to protect same-sex couples, European court rules

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.
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Blog

For good and bad: The trending impacts on LGBTI human rights in Europe and Central Asia

The most striking finding of ILGA-Europe’s Annual Review 2023 is a stark rise in the ferocity of anti-LGBTI hate and violence reported in Europe and Central Asia. But alongside this worrying trend, there are positive developments in areas such as legal gender recognition, public support, intersex human rights and civil society. Here are the key highlights.
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News

Bulgaria’s Supreme Court Rejects Baby Sara’s Bulgarian Citizenship

Arguing that Baby Sara is not a Bulgarian citizen, the country’s Supreme Administrative Court (SAC) said that their decision not to grant a birth certificate […]
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News

European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

Published in 2013 by the Lithuanian University of Educational Sciences and written by the late lesbian writer, Neringa Dangvyde Macate, the book was entitled ‘Amber […]
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Press Release

LGBTI organisations welcome EU parental recognition proposal with the best interests of the child at its core

EU-wide parenthood recognition is key in ensuring equal protection for all children in the Union, say ILGA-Europe and NELFA.
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Blog

Update: The Rights of Rainbow Families in the EU

The Court of Justice of the EU has ruled in two occasions over recent months that EU countries must protect the freedom of movement of rainbow families. This is a right all EU citizens should enjoy, LGBTI people too. In today’s blog, we bring you the state of LGBTI people’s family rights in different EU countries.
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News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
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News

Complaint Filed with EC Against Lack of Free Movement for Same-sex Couples in hungary

ILGA-Europe, alongside a Hungarian activist organisation, have filed a complaint against Hungary because of its refusal to implement the 2018 Coman judgement, which recognises that […]
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Blog

Children born intersex are at risk in most European countries. Here’s why

ILGA-Europe’s Rainbow Map of the legal situation for LGBTI people in Europe has a brand-new category: Intersex Bodily Integrity. It’s an essential expansion, because in across Europe and Central Asia, intersex people, and especially children, are still at risk.
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News

Bulgarian Court Rules Baby Sara Must Be Issued Birth Certificate

A Bulgarian court has ordered city hall authorities in the capital city of Sofia to issue a birth certificate to the baby born to a […]
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Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
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Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
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Case Law

Coman and Others v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment.
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Blog

How trans parents are better protected after European Court ruling

Recently, the European Court of Human Rights ruled in favour of a trans woman in Russia who was denied access to her children because of her gender identity and transition. Read on to find out how this may benefit all trans and LGBTI parents in Europe.
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News

European Court rules in favour of the best interest of the child in same-sex custody case

The European Court of Human rights has ruled that the refusing a mother custody of her youngest child on the grounds of her sexual orientation to be discriminatory and a violation of her right to private and family life.
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Press Release

LGBTI organisations welcome European Court judgement in favour of trans parental rights in Russia

Today, in a landmark judgement strongly welcomed by TGEU and ILGA-Europe, the European Court of Human Rights has ruled in favour of a woman in […]
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Blog

How the new anti-LGBTI legislation in Hungary actually violates children’s rights, instead of protecting them

The Hungarian parliament has recently passed an anti-LGBTI bill censoring communication about LGBTI people to under-18s. This means that LGBTI-related content will be banned in schools and children’s media, and from public spaces. Viktor Orban’s government claims this bill will protect children, but the truth is that it’s an attack on children’s rights as well as the rights of LGBTI people. Here’s why.
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Blog

Freedom of movement for same-sex spouses: The Coman Case, 3 years on

ON 5 JUNE 2018, THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) ISSUED A LANDMARK JUDGEMENT AGAINST ROMANIA, RECOGNISING THAT THE TERM SPOUSE INCLUDES SAME-SEX SPOUSES UNDER EU FREEDOM OF MOVEMENT LAWS. THREE YEARS LATER, CLAI HAMILTON, SPOUSE OF ROMANIAN CITIZEN ADRIAN COMAN, HAS NOT BEEN GRANTED RESIDENCY YET. NOW THEY’VE BROUGHT THE CASE TO THE EUROPEAN COURT OF HUMAN RIGHTS (ECHR). HERE, ADRIAN COMAN TALKS ABOUT THE ORIGINAL CASE, AND HIS HOPES WITH THIS LATEST DEVELOPMENT.
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Blog

6 Things You Didn’t Know About Rainbow Family Rights in Europe

Across Europe, the rights of rainbow families are divergent, yet every European country has one thing in common: legal protection for LGBTI parents and their children is stalling. To mark International Day of Families 2021, we look at the situations and challenges for rainbow families across the region.
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Podcast

Rainbow Family Rights in Europe – Part 4: At a Crossroads in Ukraine

Several pathways for partnership rights were part of the Ukraine took in EU-Ukraine Association agreement 2014-2016. Based on it the Ukrainian government developed a human […]
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Podcast

Rainbow Family Rights in Europe – Part 1: The Coman Case Three Years On

Three years ago, Adrian and his partner Clai were successful bringing their case to the Court of Justice of the European Union, which judged that […]
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BlogPodcast

Listen: Rainbow Family Rights in Europe in 2021 and Beyond

ILGA-Europe’s podcast The Frontline presents a brand-new mini-series looking at the many issues affecting LGBTI parents and their children across Europe.
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Podcast

Rainbow Family Rights in Europe – Part 2: Baby Sara, Stateless Child

We meet Kalina and Jane, from Bulgaria and the UK respectively. Because their daughter Sara was born in Gibraltar, she cannot claim UK citizenship via […]
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Podcast

Rainbow Family Rights in Europe – Part 6: The Future

ILGA-Europe’s advocacy director, Katrin Hugendubel and Björn Sieverding from the Network of European LGBTIQ Families explore the issues coming down the line in terms of […]
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Podcast

Rainbow Family Rights in Europe – Part 5: The Rights of Trans Parents and their Children

In March 2021, Transgender Europe (TGEU) published the report, “Stuck on the swing: experiences of trans parents with freedom of movement in the EU”, in […]
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