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Recognition of same-sex unions in Bulgaria

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Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
  14. ROK: Spousal benefits from health insurance.
* Not yet in effect
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Bulgaria does not recognize any type of same-sex unions. The subjects of same-sex marriage, same-sex registered partnerships, adopting children by same-sex couples have been discussed frequently over the past few years.

The Constitution of Bulgaria defines marriage as a union between a man and a woman, effectively prohibiting the legalization of same-sex marriage.[1] Only civil marriages are recognised by law in Bulgaria.[2]

Registered partnerships

Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

In 2008 and 2009, there were many debates on several national TV stations on the subject of registered partnerships with the participation of politicians, religious leaders, gay activists and others individuals. As of April 2009, there was a debate about introducing same-sex registered partnerships in Bulgaria. The Government had suggested that the National Assembly (Parliament) vote in favor of the new Family Code, which was supposed to include registered partnerships.[2]

However, these unions would not be open to same-sex couples. However, on July 16, 2008, the Commission for Protection against Discrimination in Bulgaria suggested that the right to registered partnerships should be extended to same-sex couples as well.[3] The Catholic Church subsequently announced their opposition to recognising registered partnerships, expressing fears that legally recognising registered partnerships for both different-sex and same-sex couples would "weaken" and "jeopardise" the institution of marriage. Some opponents further stated that the Family Code would legalise incest and polygamy despite the draft code explicitly prohibiting both.[2] Finally, on June 12, 2009, after two years of debating, the new Family Code was passed without the section about registered partnerships for both same- and opposite-sex couples.

In 2012, debates began again about whether the Family Code should recognise registered partnerships, and provide cohabiting couples with several rights available to married couples including the right to adopt, the contraction of joint credits and providing consent for medical treatment. Opponents claimed that legalising registered partnerships would "weaken" marriage, that it was against the morals of Bulgaria and that it would "confuse" children, while supporters claimed that it would protect families who choose not to marry, as well as children in such families. According to the National Statistics Institute, about 59% of all Bulgarian children born in 2012 were born to unmarried parents.

Unregistered cohabitation

There is no any legal family format available to same-sex couples, but despite this there are a few provisions that effect some legal consequences for same-sex couples living in informal relationship (as well as exists some additional that however may be doubt as of yet and that is why it is omitted).

De facto cohabiting couples are only occasionally mentioned as holders of rights and (more often in terms of) obligations in some legal acts, such as: the Entering, Residence and Leaving the Republic of Bulgaria by European Union Citizens and Members of Their Families Act, the Conflict of Interests Prevention and Ascertainment Act, Civil Procedure Code, Criminal Procedure Code and others. When doing so, the legislator does not differentiate or indicate whether the couple is different-sex only or also include same-sex. However in general, the notion of unions of same- sex persons is not legally recognised.

One partner in this type of relationship can individually adopt a child since 1968. Under art. 78 Family Code (2009), art. 50, Family Code (1985) (repealed) and art. 47 Family Code (1968, repealed) the law stipulates that every person who has legal capacity and is not deprived of parental rights can adopt a child. This general rule gives the right to adopt a child to any single person – including gay/lesbian. A future second-parent adoption, however, will not be possible.

In case of wrongful death of one partner, the other partner is entitled to compensation from the wrongdoer since 2007. Related legal acts include art. 84 (1), Criminal Procedure Code (Наказателно-процесуален кодекс) (2006), art. 60 (1), Criminal Procedure Code (Наказателно-процесуален кодекс) (1974) (repealed), Civil Procedure Code (Граждански процесуален кодекс) (2008), Civil Procedure Code (Граждански процесуален кодекс) (1952) (repealed), and art. 3 (2), Crime Victim Assistance and Financial Compensation Act (Закон за подпомагане и компенсация на пострадалите от престъпление) (2007). As under the Criminal Procedure Code the successor of the inheritor has the right to seek compensation through a civil action, it is highly unlikely that the cohabiting partner would be deemed as a holder of this right. Cohabiting partners, however, explicitly have a right to compensation under the Crime Victim Assistance and Financial Compensation Act.[4][5][6][7][8][9]

Lesbians are also permitted to use Assisted Reproductive Technology.[10]

So at that moment perhaps only this three legal effects are related to same-sex couples as they receive legal recognition.

Same-sex marriage

The Bulgarian Constitution explicitly prohibits the recognition of same-sex marriage. Thus the only way to legalise same-sex marriage in Bulgaria is to amend the Constitution, which requires a two-thirds majority in Parliament on three different occasions.[11]

In 2017, a Bulgarian same-sex couple, who married in the United Kingdom, filed a lawsuit in order to have their marriage recognised.[12] The Sofia Administrative Court rejected their case in January 2018.[13]

Public opinion

The 2015 Eurobarometer found that 17% of Bulgarians supported same-sex marriage. This was the lowest support among all of the EU's member states, and only a 2% change from the 2006 Eurobarometer, where 15% of Bulgarians expressed support for same-sex marriage.[14]

See also

References

  1. ^ Bulgaria - Constitution
  2. ^ a b c NATIONAL REPORT: BULGARIA
  3. ^ "Controversy as Bulgarian Parliament debates new Family Code".
  4. ^ Formalisation of legal family formats in Bulgaria (page 6)
  5. ^ Income, troubles and legal family formats in Bulgaria
  6. ^ Parenting and legal family formats in Bulgaria (page 19-20)
  7. ^ Migration and legal family formats in Bulgaria
  8. ^ Splitting up and legal family formats in Bulgaria
  9. ^ Death and legal family formats in Bulgaria (page 12-14)
  10. ^ Assisted reproductive technology in Europe. Usage and regulation in the context of cross-border reproductive care (page 14)
  11. ^ III - Changes to Constitutional Law
  12. ^ Woman sues Bulgarian authorities for recognition of same-sex marriage The Sofia Globe, 5 December 2017
  13. ^ The Court did not Recognize a Marriage Between Bulgarian Women in the UK
  14. ^ DISCRIMINATION IN THE EU IN 2015
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