Greece’s highest administrative court has ruled that allowing same-sex married couples to adopt children is constitutional, marking a significant legal milestone in the country’s evolving framework on family rights and equality.
In decision 392/2026, the plenary of the Council of State upheld the provisions of Law 5089/2024, which introduced marriage equality and related parental rights, finding them compatible with both the Greek Constitution and the European Convention on Human Rights. The court rejected legal challenges to the law’s implementation.
The ruling stated that recognising adoption rights for same-sex couples “does not infringe the constitutional protection of childhood and the best interests of the child.”
Judges noted that the legislation aligns with fundamental constitutional principles, including “respect and protection of human dignity, the free development of personality and equality before the law.” They also highlighted that the law reflects developments in “the majority of advanced democratic countries of Europe and, more generally, the Western world,” aiming to reduce social exclusion and safeguard private and family life without discrimination based on sexual orientation.
The court dismissed arguments that adoption by same-sex couples could undermine child welfare, emphasizing that Greece’s adoption system includes robust safeguards. These involve a two-stage assessment by social services and a final decision by a competent court, ensuring that each case is evaluated individually with the child’s best interests as the primary consideration.
The decision confirmed that children adopted by same-sex couples are not subject to adverse discrimination compared to those raised by different-sex parents, provided a court determines the arrangement serves the child’s best interests. The court also noted that single-parent adoption has long been permitted, reinforcing the view that diverse family structures are compatible with child welfare.
Judges further clarified that there is no constitutional requirement for adoption to replicate a traditional biological family model, stating that “it is not required… that adoption imitates the biological relationship of a child with two different-sex parents.” The ruling also ensures legal recognition for adoptions already carried out abroad by same-sex couples, offering additional procedural guarantees under current law.
Regarding the extension of civil marriage to same-sex couples, the Council of State ruled it constitutional, stressing that institutions such as marriage and family “are not static but evolve with society.” The court found that the law broadens access to marriage without altering its core legal framework or affecting the rights of different-sex couples or religious traditions.
It also clarified that constitutional protection of the family does not apply exclusively to heterosexual marriage or biological parenthood, noting that “family life exists in diverse forms in modern society.” The ruling aligns with principles of human dignity, equality, and personal development, as well as European human rights standards.
greekcitytimes.com.
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