the Austrian Government had not provided any evidence to show that it would be detrimental to a child to be brought up by a same-sex couple or to have two mothers and two fathers for legal purposes.
The court’s highest chamber ruled that since unmarried different-sex couples could adopt one another’s children under Austrian law, there was no valid reason to prohibit same-sex couples from adopting one another’s children.
In today’s second decision, Germany’s Federal Constitutional Court came to the same conclusion, decreeing that successive adoption ought to be open to same-sex couples under the same conditions as different-sex couples (although joint adoption remains unavailable).
Ulrike Lunacek MEP, Co-President of the LGBT Intergroup, commented: “These timely rulings confirm what we have known for decades: LGBT people already live in families and have children, and are equally good families in comparison with heterosexual couples. Our children are loved, and grow up in stable families.”
“They do, however, remain victims of society’s intolerance towards their parents. Today’s court cases will lead to a better life for families with lesbian and gay parents in Germany, Austria, and the rest of Europe.”
In recent days, Turkey’s Deputy Prime Minister Bekir Bozdağ had announced Turkish diplomats would be asked to retrieve Turkish children placed in same-sex families in European countries.
In reaction, Vice-President of the LGBT Intergroup Sophie in ‘t Veld MEP declared: “These rulings should help put Mr Bozdağ’s mind to rest: gay and lesbian families are just the same as any other families.”
“Same-sex couples have been legal parents for the past 12 years in the Netherlands, and of course in twelve years there has been no conclusive evidence that this harmed children in any way. I hope more EU countries will now follow suit.”