Family Law in Hungary

Family law in Hungary is governed by a combination of the Fundamental Law of Hungary, the Civil Code, and other relevant statutes. The legal framework emphasizes the protection of marriage and the family unit, defining marriage as a union between a man and a woman, and recognizing family ties based on marriage or the relationship between parents and children. 

Marriage and Registered Partnerships

Marriage: Recognized as a union between a man and a woman. 

Registered Partnerships: Available for same-sex couples, providing certain legal rights and protections. 

Parental Responsibility and Child Custody

Parental Responsibility: Hungarian law emphasizes joint and equal custody of children by both parents, regardless of their marital status. In cases of divorce or separation, parents are encouraged to reach mutual agreements on custody arrangements. 

Child Custody: The concept of "custody" is part of parental responsibility, outlining the rights and obligations of parents concerning their children. 

Adoption

Joint Adoption: Not permitted for same-sex couples. However, adoption by individuals is legal, irrespective of sexual orientation or partnership status. Stepchild adoption is available exclusively for married (opposite-sex) couples. 

Recent Legal Developments

Family Policy Initiatives: To address declining birth rates, the Hungarian government has implemented policies offering financial incentives to encourage childbirth. These measures include subsidies for childcare and other family support initiatives. 

LGBTQ+ Rights and Family Law: Recent legislation has impacted the rights of LGBTQ+ individuals, particularly concerning adoption and child-rearing. In December 2020, a constitutional amendment effectively banned adoption by same-sex couples, defining the family as a union between a man and a woman. Additionally, laws prohibiting the promotion of homosexuality to minors have led to restrictions on LGBTQ+ events and discussions in educational settings. 

Legal Assistance

For personalized legal advice or representation in family law matters in Hungary, consulting qualified legal professionals is advisable. Here are some law firms that specialize in this area:

Given the complexities and evolving nature of family law in Hungary, seeking specialized legal counsel is essential to navigate specific situations effectively.

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