The Slovenia Times

First Adoption by Gay Partner of Child's Parent


Adoptions of this kind are explicitly mentioned in the new family law, which is however not in force yet, meaning that the decision was taken on the basis of existing provisions.

It is uncertain whether the new family law will ever be implemented, as conservative family movements will start collecting signatures to call a referendum in September.

Therefore, this decision might become an important precedence for the handling of gay adoptions of this kind if the new family law is rejected in the referendum. The decision also suggests that the gay adoption provisions in the new law, which were deemed a big step forward, are not such a huge leap from the existing legislation.

The daily Vecer reported about the adoption on Tuesday, with the ministry confirming it, but refusing to give any concrete comments on the case, citing personal data protection.

It did however say in a press release that any rejection of an adoption by a gay partner of the parent when all other conditions are met was legally intolerable discrimination on the grounds of sexual orientation.

The ministry also said that the relevant bodies found no restraints against the move. The procedure showed several times that the adoption was "absolutely in the best interest of the child who already lives in this community, it provides an appropriate family environment, safety and support".

The ministry based its decision on Article 135 of the currently valid family legislation, which makes no conditions as regards to the partnership status of the person who wants to adopt the child of their partner.

The law does not state a specific form of partnership, said the ministry, adding that the child may be adopted by any individual if all other conditions are met and the adoption is in the child's best interest.

Vecer reported that the ministry ruled on this case after the relevant social services office turned down the adoption request and the family appealed.


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