Publication details
Legal (im)possibility of using adoption by same-sex couples in the Czech Republic
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| Year of publication | 2022 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | In my contribution I will focus on the legislative obstacles to the use of adoption by same-sex couples in the Czech Republic. First, I will point out the general conditions for adoption of a child, including specific restrictions for persons in registered partnerships. I will then analyse the decision of the Constitutional Court of the Czech Republic which led to a fundamental change in the Registered Partnership Act, as it resulted in the repeal of a provision that excluded the adoption of a child by a person in a registered partnership. However, even after the repeal of that provision, it cannot be said that adoption of a child by same-sex couples is legislatively possible. Although sexual orientation is not a criterion or condition for the adoption of a child, it is still not possible for same-sex couples (as opposed to married or single persons) to adopt a child. In this context, I will explain that same-sex couples try to address these obstacles by adopting a child abroad, i.e. in countries where the legislation is more liberal. My intention will be to show that even this way of dealing with legal obstacles does not lead to the intended result. The reason for this is the recent decision of the Constitutional Court of the Czech Republic, which confirmed the impossibility of recognising a foreign court decision on the joint adoption of a child by a same-sex couple abroad. According to the Constitutional Court, it is an expression of the sovereign power of the state to prohibit the recognition of such court decisions that are contrary to national law or public policy. |