In this section you find the demands of ILGA-Europe, information adoption by same-sex partners, legislation and case-law, public opinion and surveys on parenting rights in Europe.

ILGA-Europe works for:

  • The elimination of restrictions on the rights and responsibilities of parents based on their sexual orientation, gender identity or gender expression.
  • Laws and policies on adoption and fostering that are based on the needs and rights of children, and the suitability of prospective adopters/foster parents to parent without discrimination on the civil status or the grounds of sexual orientation, gender identity or gender expression of the parent/s.
  • The ending of discrimination in access to fertility treatment and assisted reproduction.
  • The abolishment of the sterilisation requirement in laws that regulate the recognition of trans people's gender identity in the process for change of name and/or legal gender.
  • The provision of the possibility of preservation of the gametes of trans people that chose to undergo gender reassignment surgery.
  • The removal of any discrimination in judicial decisions regarding the custody of children.
  • The removal of unequal treatment in parenting based on sexual orientation, gender identity and gender expression (e.g. in the setting up of adoption priority lists etc).
  • The possibility of adoption of a child by its co-parent, without discrimination based on the child’s birth status, the parents’ civil status, or the parents’ sexual orientation, gender identity or gender expression.
  • The recognition of both lesbian mothers as the legal parents of a child born within their relationship should follow the established parental recognition procedures without discrimination on the ground of sex, gender and/or sexual orientation.
  • Rights and responsibilities vested in parents in de facto relationships should be provided without discrimination on grounds of sexual orientation, gender identity or gender expression.
  • Legal, financial and work-related benefits to be made available to all families without discrimination based on a child’s filiation or the parent’s sexual orientation, gender identity or gender expression.

In relation to children and other family members, ILGA-Europe works for:

  • Equal treatment of children, regardless of: (i) the civil status of their parent/s; (ii) whether they are adopted or fostered; and (iii) whether they share a biological link with their parents.
  • The best interests of the child should guide all measures aimed at children and therefore children should be protected against discrimination based on the sexual orientation, gender identity or gender expression of their parent/s and in accordance with the UN Convention on the Rights of the Child (1989).
  • Children should not experience any discriminatory restrictions on their ability to travel to or enter into a country due to their non-biological ties to their parents.
  • All of the children’s social parents should be able to have their parental responsibility recognised.
  • Children should never be separated from their families on the basis of the sexual orientation, gender identity or gender expression of their parent/s.
  • Access to international protection and family reunification for third country nationals should be extended to include: (i) any children for whom the migrant shares parental responsibility; (ii) any children of the migrant’s spouse, registered partner or unmarried partner; and (iii) any other dependant relative of the migrant.

External resources on parenting

In this section, we are gathering external ressources on the topic.

Legislation and Case-Law

Find information about relevant case-law from the European courts.

Public opinion and surveys

Find surveys and public opinions on a European level here.

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