Hungary to scrap law that blocked same-sex couples from adopting

Hungary’s new government is planning to change the country’s adoption rules, removing restrictions that effectively blocked same-sex couples from adopting.

Prime Minister Péter Magyar announced the plans on Saturday (12 September), stating decisions about adoption should be made by professionals rather than politicians.

“We can state unequivocally that we will change this system: it should not be the minister, a politician … who makes the decision in such cases, but rather professionals capable of determining the conditions under which a given young child can achieve … a life that allows them to become a happy and harmonious member of society,” Magyar said.

Why is Hungary changing its same-sex adoption rules?

The rules were introduced in 2020 under former prime minister Viktor Orbán’s government. Before then, same-sex couples could adopt if one partner applied as a single person.

The legislation changed the system so that single applicants needed approval from the minister responsible for family affairs. Married couples became the standard route for adoption.

As same-sex marriage is not legal in Hungary, the change effectively removed the route that had allowed same-sex couples to adopt. Same-sex couples can enter registered partnerships, but cannot marry.

Magyar’s announcement followed the publication of a 220-page government report on Hungary’s child protection system. The report is being used as the basis for changes to the adoption system.

How did Viktor Orbán’s government restrict same-sex adoption?

The prime minister said the existing system was not sustainable and that decisions should be made by child welfare professionals.

The proposed changes would apply to both single applicants and same-sex couples.

The adoption rules were among several measures introduced under Orbán that affected LGBTQ+ people. His government also introduced legislation restricting LGBTQ+ content available to children and ended legal gender recognition.

Orbán’s Fidesz party lost power in April after 16 years in government. Magyar’s Tisza party won the election and formed a new government.

What other LGBTQ+ rights could Hungary’s new government restore?

The change to adoption rules comes as Magyar’s government moves to reverse other policies introduced under Orbán.

Yesterday (14 September), the government announced plans to repeal legislation restricting LGBTQ+ content accessible to under-18s. The European Court of Justice ruled in April that Hungary’s restrictions breached EU law and contributed to the stigmatisation and marginalisation of LGBTQ+ people.

The government has not announced plans to legalise same-sex marriage.