We are Family: The State of Rainbow Families in the European Union

A comparative analysis of the political, social, and legal situation in Estonia, Germany, Hungary, and Italy

Rainbow families across the European Union face profoundly different legal and social realities. This policy paper offers a comparative analysis of Estonia, Germany, Hungary, and Italy, revealing how each legal framework shapes the fundamental aspects of rainbow families. These aspects include marriage equality, access to assisted reproduction, surrogacy regulations, adoption rights, the status of children in rainbow families, and the cross-border recognition of parental rights.

The study explores which rights are granted or restricted, and how legal provisions create opportunities or barriers to equal treatment. Thus, the study contributes to a deeper understanding of LGBTQ+ rights in various member states by highlighting differences in equal treatment and non-discrimination policies.

While there has been general progress in extending LGBTQ+ rights in all four countries since the 1990s, some have made significant strides toward equality, while others are entrenched in legal uncertainty and exclusion:

• Estonia: Since adopting marriage equality in 2023, Estonia has improved the status of rainbow families by addressing core issues such as marriage equality, inclusive adoption rights, and access to assisted reproduction.
• Germany: Although Germany has made substantial progress in addressing the concerns of same-sex couples, challenges remain, particularly with regard to the automatic recognition of parenthood and equal access to reproductive services.
• Hungary: Rainbow families continue to face significant inequalities regarding recognition of parentage, access to assisted reproduction, and adoption. The country also restricts recognition of same-sex relationships to registered partnerships.
• Italy: The country continues to leave many of the most pressing concerns unresolved, including uncertainties regarding recognition of parentage, equal access to assisted reproduction, and uniform adoption procedures. It also restricts recognition of same-sex relationships to registered partnerships.

The full comparative analysis is available here (PDF).

Disclaimer:

The research was supported by the Friedrich Naumann Foundation for Freedom (FNF). The research is based on country reports prepared by national experts. Each report combines detailed desktop research and legal analysis with qualitative fieldwork. Four semi-structured interviews were conducted in each country: two with experts and two with rainbow family members. This methodology ensures that the study reflects both the structure of legal frameworks and their practical implementation

The Friedrich Naumann Foundation for Freedom is not responsible for the content of this publication or any use that may be made of it. The views expressed herein are those of the project owner and do not necessarily reflect the views of the FNF.