Czech Courts Remove Ban on Same-Sex Adoption

A major victory in the fight for equal rights in the Czech Republic was won today as the Constitutional Court of the Czech Republic annulled a discriminatory provision in the Registered Partnership Act (Zákon o registrovaném partnerství).

While gay couples cannot officially marry in the Czech Republic, they can legally obtain a registered partnership that grants many of the rights of a traditional marriage including inheritance, alimony, and spousal privilege.

But not all rights. Laws governing registered partnerships also contained a provision that forbade same-sex couples from adopting children.

There are currently in the range of 2000 registered partnerships in the Czech Republic. It is speculated that many same-sex couples have not applied for a registered partnership due to the adoption provision, which imposed a restriction that non-registered couples would not have to face.

In its ruling, the Constitutional Court upholds the ruling of Prague’s Municipal Court, which proposed annulling the provision following the case of Petr Laně. Laně was prohibited from being entered into the register of suitable applicants for adoption due to his status in a registered partnership.

While the current ruling does not explicitly grant same-sex couples the right to adopt, it removes a major hindrance for such couples to do so. Under the current ruling, one member of the registered partnership would be given the same rights as a single individual in being allowed to apply for adoption. Further legislation clarifying the matter is expected to follow.