Recognition of same-sex unions in Hungary

Hungary provides registered partnerships (Hungarian: bejegyzett élettársi kapcsolat) to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation (élettársi kapcsolat) of same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary.

The law applies to couples living together in an economic and sexual relationship, including opposite-sex and same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together, these rights include hospital visitation and access to medical information, right to make decision about the deceased partners' funeral, widow's pension, immigration rights, etc. Some of these benefits require an official statement from the social department of the local government that proves that the partners are indeed cohabiting.

The Government, comprising SZDSZ and the Hungarian Socialist Party (MSZP), then submitted a bill to Parliament that would have introduced registered partnerships for both same-sex and opposite-sex couples. Parliament adopted the bill on 17 December 2007. This act would have provided all the rights of married spouses to registered partners except for the right to adopt and the right to take a common surname.

The registered partnership act would have entered into force on 1 January 2009, but on 15 December 2008 the Hungarian Constitutional Court declared it unconstitutional on the grounds that it duplicated the institution of marriage for opposite-sex couples. The Court found that a registered partnership law that only applied to same-sex couples would be constitutional; indeed, it opined that the legislature had a duty to introduce such a law. Prime Minister Ferenc Gyurcsány instructed the Minister of Justice to draft a new, revised bill that would conform to the Court's decision.

On 23 December 2008, the Hungarian Government announced that it would introduce a new registered partnership bill in line with the Constitutional Court's decision. The legislation would offer same-sex couples all of the rights offered by the previous act, and would be presented to Parliament as early as February 2009.

On 12 February 2009, the Hungarian Government approved a new registered partnership bill that would only apply to same-sex couples, providing all of the rights of marriage except adoption and the ability to take the same surname.

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Wikipedia