The Constitutional Court opened the way to registered partners to the individual child’s adoption. Canceled because of the law that made it impossible for adoption. The provision was discriminatory by judges. While unmarried gays and lesbians can theoretically adopt a child as an individual can, after the conclusion of a partnership already it was impossible.
A ban on adoptions registered partners contradicted by the Constitutional Court, the right to human dignity. He made them human “second order”, without clear reason. “Under the Civil Code, spouses or one spouse may become adoptive parents. In exceptional cases, may become adoptive parent and an individual who is not married. Therefore, we did not find one good reason why this individual could be someone who is in a registered partnership, “he reasoned decisions constitutional judge Vojtech Šimíček that court opinion was on the matter fairly uniform.
Findings of the Court but not directly related to the joint acquisition of the Civil Code only applies to married, heterosexual couples, therefore. The decision concerns only individual single adoptive parent adoptions. Thus, the finding does not affect directly or situations where a registered partner wants to adopt the partner’s child. In the case of individual adoptions are made during operation of law to the extinction of familial relationship between the child and his biological parent or parents.
The Constitutional Court has examined the legislation on the basis of a specific dispute. The man living in the partnership asked the Hall of Prague 13 to rank among adopters. The Office but it referring to the law refused, proceeded well and the Prague City Hall. The man filed a lawsuit, but the court stayed the proceedings and turned to the constitutional court. He did not in fact apply the law, whose constitutionality is in doubt. Now Magistrates Court on the case back.