Czech Court decides on foreign adoptions by same-sex partners

The Czech law cannot recognize a decision made by a foregin court to adopt a child by a same-sex registered couple. The Constitutional Court rejected the motion that was filed by the Regional Court in Prague.

Partners registered in the Czech Republic cannot adopt a child together. The legislation "can in principle also prevent these rules from being 'circumvented' through foreign legislation - it means the adoption of Czech citizens or by Czech citizens in another state, "the finding states.

The "We Are Fair" initiative has expressed regrets by the decision, and it sees it as proof that the Czech Republic needs to legalize marriage for all without distinction. The draft amendment to the law is in the Chamber of Deputies, but it has not yet reached the second reading.

The actors in the case, which reached the Constitutional Court, are registered partners, a Czech and a citizen of Trinidad and Tobago, who live in the United States. Two children with American citizenship were adopted by a New Jersey court decision. The partners then applied to the District Court in Nymburk for recognition of the decision. They feared legal risks and factual complications when traveling to the Czech Republic with children.

In the year 2016, the Constitutional Court opened the way for people living in a registered partnership to adopt a child individually. Gay organizations welcomed the decision. At that time, the Constitutional Court deleted a provision of the law that explicitly prevented registered partners from adopting them, even though single gays and lesbians could theoretically adopt a child as individuals. The finding did not relate to joint adoption, which the Civil Code so far only allows married couples.