02 May Civil Partnership and Children: What You Need to Know
Children and Civil Partnership
The legal status of children born or raised within the framework of a civil partnership is fully equal to that of children born within a marriage, upholding the principle of equal treatment. Law 4356/2015 abolished all forms of discrimination by providing that children born during the validity of a civil partnership enjoy full and equal rights with respect to both parents, just like children born within marriage. In particular, it is presumed that the man who is the partner of the mother is the father of the child, following the presumption of paternity that also applies in marriage. The same presumption applies even if the child is born within 300 days after the dissolution or annulment of the civil partnership. This presumption of paternity can only be rebutted by a final and irrevocable court decision through a paternity challenge lawsuit, in accordance with the procedures set out in family law. Notably, the annulment of the partnership for any reason does not affect the legal paternity relationship; the children continue to be legally recognized as the joint children of both (biological) parents. In this way, the civil partnership guarantees the legal protection and security of children’s rights.
Both parents who have entered into a civil partnership exercise joint parental responsibility for their children in the same way as married parents. Article 9 of Law 4356/2015 provides that parental responsibility for children born during the partnership or within 300 days of its dissolution or annulment lies equally with both parents. Parental responsibility includes upbringing, education, supervision, and management of the children’s property, as defined in the Civil Code. All provisions regarding parental responsibility for children born in marriage apply accordingly to children born within a civil partnership, ensuring full legal protection and equal rights. The civil partnership thus not only offers legal coverage for children but also strengthens the balanced exercise of parental rights and obligations.
Children’s Surname in a Civil Partnership
According to the legislation on civil partnerships, parents may determine their children’s surname by a joint, irrevocable declaration. This choice can be made either at the time of signing the civil partnership agreement or by a subsequent notarial act, provided that it occurs before the birth of the first child. The surname of the children may be that of one parent or a compound surname formed by combining both parents’ surnames, with a maximum of two components. The chosen surname applies uniformly to all common children of the couple, ensuring consistency in family identity.
If the parents do not make such a declaration, the child automatically acquires a compound surname consisting of both parents’ surnames, with the first being the one that comes earlier alphabetically. If one of the surnames is already compound, only the first component is taken into account for the formation of the child’s surname. This provision ensures the equal participation of both parents in shaping the child’s personal status and strengthens legal clarity and security in documenting the family relationship.
Legal Status of Children After Dissolution of the Civil Partnership
In the event of dissolution of a civil partnership, the legal status of children is governed in a manner similar to that applied in cases of divorce. The termination of the partnership does not affect the parental status of either party; both parents remain the child’s legal parents. However, the question arises as to how parental responsibility is exercised following the end of cohabitation.
According to Article 9(4) of Law 4356/2015, in the event of a civil partnership dissolution, the provisions of Article 1513 of the Civil Code, which regulate custody following separation or divorce, apply mutatis mutandis. This means that the parents may enter into a private agreement regarding the allocation of parental responsibility, residence, and contact with their children, or, if they disagree, they may turn to the competent court for a relevant judicial decision.
Following the significant reform of family law in 2021 (Law 4800/2021), the legislation now favors joint custody as the default: even after the dissolution of a civil partnership, both parents are presumed to exercise parental responsibility jointly. Exceptions may be made only for serious reasons that require a different arrangement. Daily care may be assigned to one of the parents or alternated between both, depending on the parents’ agreement or the court’s decision, always based on the best interest of the child.
Children of former civil partners are afforded equal legal protection, without discrimination compared to children of divorced parents, underlining the role of civil partnerships as a comprehensive legal framework that also ensures post-separation care for children.
Regarding child support following the dissolution of a civil partnership, the same legal provisions that apply to children of divorced parents are applicable. Each parent is obliged to contribute to the maintenance of their minor or dependent adult children, regardless of whether the child was born within marriage or within a civil partnership. If the child resides primarily with one parent, the other must provide financial support in the form of monetary payments, determined based on the needs of the child and the financial capacity of each parent, in accordance with the general provisions of the Civil Code. The existence of a civil partnership or the child’s birth outside marriage does not in any way diminish the extent or nature of the child’s right to maintenance. The legal framework protects all children equally, reaffirming the commitment of the Greek legal order to the principle of non-discrimination.
Legal Status of Children in Same-Sex Civil Partnerships
In the case of same-sex couples who have entered into a civil partnership, particular legal challenges arise with respect to parental status. For example, if two women enter into a civil partnership and one of them gives birth to a child (via artificial insemination or from a previous relationship), the non-biological partner is not automatically recognized as a legal parent. The presumption of paternity applicable to heterosexual couples does not extend to same-sex relationships, as it refers specifically to a male partner.
As a result, the child is legally considered to be the child only of the biological or gestational mother. The only available route for the non-biological partner to acquire parental status is through adoption. However, under current Greek law, adoption by same-sex couples in a civil partnership is not permitted, creating a substantial gap in legal protection.
If you would like tailored legal advice regarding civil partnerships and children’s rights, our team is here to assist you. Contact us for immediate and reliable legal support.
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