LGBT rights in Hungary
| LGBT rights in Hungary | |
|---|---|
Location of Hungary (dark green)
– in Europe (light green & dark grey) |
|
| Same-sex sexual activity legal status | Legal since 1961, age of consent equalized in 2002 |
| Gender identity/expression | Gender change is legal |
| Military service | Gays, lesbians and bisexuals allowed to serve |
| Discrimination protections | Sexual orientation and gender identity protections (see below) |
| Family rights | |
| Recognition of relationships |
Unregistered cohabitation since 1996, Registered partnerships since 2009 |
|
Restrictions:
|
Same-sex marriage constitutionally banned |
| Adoption | No joint adoption by same-sex couples; no adoption of same-sex partner's child |
– in Europe (light green & dark grey)
– in the European Union (light green) – [Legend]
The rights of lesbian, gay, bisexual, transgender (LGBT) people in Hungary have evolved through Hungarian history. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and gender identity is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to opposite-sex married couples. Registered partnership for same-sex couples was legalized in 2009.
The first Hungarian Penal Code by Károly Csemegi (1878) punished homosexuality between men ("természet elleni fajtalanság" – perversion against nature (nature's law)) with prison up to 1 year. Homosexual activity above the age of 20 was decriminalized in 1961, then above the age of 18 in 1978 by the new Penal Code. The age of consent, which is 14, has applied equally to heterosexual and homosexual activity since a Constitutional Court decision of 2002. Gay and bisexual people are not banned from military service.
Unregistered cohabitation has been recognised since 1996. It applies to any couple living together in an economic and sexual relationship (common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. Unregistered cohabitation is defined in the Civil Code as "when two persons are living together outside of wedlock in an emotional and financial community in the same household, provided that neither of them is engaged in wedlock or partnership with another person, registered or otherwise, and that they are not related in direct line, and they are not siblings." Inheritance is possible only with testament, widow-pension is available for couples cohabiting for more than 10 years.
On 17 December 2007, the Parliament adopted a registered partnership bill submitted by the Hungarian Socialist Party-Alliance of Free Democrats Government. The bill was found unconstitutional by the Constitutional Court because it duplicated the institution of marriage for opposite-sex couples. In February 2009, the Parliament approval a modified version of the bill. Since 1 July 2009, same-sex couples can enter into registered partnerships. The law gives the same rights to registered partners as to spouses except for adoption, assisted reproduction or taking a surname.
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Wikipedia