Recognition of same-sex unions in Romania

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b 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. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Romania does not allow same-sex marriage or civil unions. Registered partnerships have been debated in the Parliament of Romania several times since 2008, though no bill on the matter has successfully passed. In May 2023, the European Court of Human Rights ruled that Romania was violating the European Convention on Human Rights by not recognizing same-sex unions.[1] The government appealed the decision to the Grand Chamber in August 2023,[2][3] but this appeal was rejected on 25 September 2023.[4] Romania is now legally obliged to provide legal recognition to same-sex couples, and may risk financial sanctions from the Council of Europe if it fails to change the law.[4][5]

In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania.[6][7][8] The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.[9]

  1. ^ Necșuțu, Mădălin (23 May 2023). "Romania Discriminates Against Same-Sex Couples: Strasbourg Court". Balkan Insight.
  2. ^ Cite error: The named reference Pavel 2023 f862 was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference Ruscior 2023 t472 was invoked but never defined (see the help page).
  4. ^ a b Prundea, Madalina (26 September 2023). "BREAKING NEWS Judecătorii de la Marea Cameră a CEDO au decis: România este obligată să recunoască familiile formate din persoane de același sex". Gândul (in Romanian). Retrieved 28 September 2023.
  5. ^ "European Court of Human Rights. CASE OF BUHUCEANU AND OTHERS v. ROMANIA". HUDOC. 25 September 2023. Retrieved 28 September 2023. This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision.
  6. ^ "Same-sex spouses have EU residency rights, top court rules". BBC News. 5 June 2018.
  7. ^ JUDGMENT OF THE COURT (Grand Chamber) 5 June 2018
  8. ^ Legal effects of EUCJ Decision on Coman case - RO EUCJ interpreted the word "spouse" from Directive 2004/38 to include same-sex spouses invoking that EU law is autonomous system of law and its terms have autonomous meaning
  9. ^ art. 48, alin. (1) Constituția României - "Familia se întemeiază pe căsătoria liber consimţită între soţi, pe egalitatea acestora şi pe dreptul şi îndatorirea părinţilor de a asigura creşterea, educaţia şi instruirea copiilor."