Family law rights for same-sex couples in Hungary

Különös tekintettel a bejegyzett élettársi kapcsolat létesítésének és megszüntetésének szabályaira

Abstract

In the Member States of the European Union, marriage still continues to retain its leading role and, despite its traditional character, it strives to adapt to contemporary expectations, while alternative forms of partnership that emerge as alternatives to marriage are also playing an increasingly important role. This provides lawmakers with reasons to ensure that these forms of relationship also receive appropriate legal effects. The present study examines the family law rights granted to same-sex couples, primarily in relation to our country, with particular focus on the rules for establishing and terminating registered partnerships through a notary public.

In Hungary, the current discriminatory situation could be reduced by amending the existing legislation, for example by providing registered partners with the same rights as those of married couples in the area of naming. Furthermore, a legislative amendment would be justified to recognise the possibility of adoption by a second parent for registered partners. In particular, to protect the paramount rights of children and to recognise the parental status of both parents.