Date

3^rd October 2018

Type of Act

(name in English / in the official language)

Decision of the Constitutional Court, G 69/2018

Enacted by

Constitutional Court

Reference to the Constitution (art.)

Art 8, Art 14 ECHR; Art 2 Basic Law on the General Rights of Nationals, Art 7 Federal Constitutional Law

Subject area

Discrimination

If the act implements a source of EU Law: cite the relevant EU legal source

Comment

The Court ruled that Art 197 para 3 Austrian Civil Code had to be interpreted in line with the Constitution. Therefore, Art 197 para 3 leg cit allows for the adoption of a child (through one of the ex-partners) after a same-sex couple has separated.

The underlying problem was that Art 197 para 3 leg cit is referring to father and mother. According to the Court, due to the developments in society, the reference to father and mother has to be extended to same-sex parents.

Secondary sources/ doctrinal works (if any)

Available Text

https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Vfgh&Dokumentnummer=JFT_20181003_18G00069_00

Date of entry into force