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Date |
3rd October 2018 |
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Type of Act (name in English / in the official language) |
Decision of the Constitutional Court, G 69/2018 |
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Enacted by |
Constitutional Court |
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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 |
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Subject area |
Discrimination |
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If the act implements a source of EU Law: cite the relevant EU legal source |
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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. |
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Secondary sources/ doctrinal works (if any) |
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Available Text |
https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=Vfgh&Dokumentnummer=JFT_20181003_18G00069_00 |
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Date of entry into force |