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Czech Republic: Adoption Right for Same-sex Couples
(Blogmensgo, gay blog of October 29, 2016) On October 24, 2016, the Czech Council of Ministers approved a legislative initiative on child adoption by same-sex couples. However, only two of the three government parties voted for the text, which will have to be approved by the parliament afterwards. There, the third party in the government coalition will probably vote against it. In July of 2016, a similar initiative had already caused quite a stir in the Czech parliament.
The suggested law wants to improve the rights of children who are raised by a registered same-sex couple. Introduced in 2006, the same-sex partnership law does not grant same-sex couples the right to adopt children – not even if the adoption was carried out abroad. Last November however, a court in Prostějov allowed this in certain cases, i.e. if it is in the superior interest of the child (see our article).
The new law intends to improve the position of the second parent and give the child more security at the same time. However, it shall only apply in cases where on parent already has a biological or legal link with the child whereas straight couples may adopt children without such a pre-existing link.
Jiří Dienstbier, the social-democratic Minister for Human Rights (ČSSD) and Robert Pelikán, the liberal Minister of Justice (ANO), are sponsoring the legislative initiative. The Christian-democrates (KDU-ČSL), including Vice Prime Minister, are against this initiative. They consider the current registered partnership as completely sufficient.
According to a survey from June 2016, a majority of the Czech population (61%) are for the right of adoption by a same-sex partner. On the other hand, a significant percentage (30%) are against it.
Deputy Minister for Human Rights, Martina Štěpánková, estimates that about 1000 children are raised by same-sex parents.