On Monday, the Czech Constitutional Court ruled that denial of parental rights in the case of cross-border adoption is not against the constitution. As a result, the judges of rainbow families effectively deny the parents' rights and violate EU law and the policies of the European Commission.
The regional court in Prague petitioned for the repeal of a provision denying parents' right to cross-border rainbow families in connection with a pending appeal against the judgment of the district court in Nymburk, 40 km northeast of Prague The Petition of the Gay The couple had been rejected, a citizen of the Czech Republic and his partner from Trinidad and Tobago. Their two American citizenship children were adopted by a court decision in New Jersey.
According to the Czech District Court, a requirement for recognition according to Section 63 (1) of the Act on Private International Law was not met at all, as adoption would not be permitted under the substantive provisions of Czech law: the Czech legal system allows the joint adoption of a child but not through “only” partnered partners. Same-sex couples in the Czech Republic have been able to enter into a registered partnership since mid-2006; they cannot marry with equal rights.
The petitioner agreed with this conclusion, but considered the condition in question to be unconstitutional as the court did not recognize the "factual and legal reality", did not protect family life within the meaning of Article 10 (2) of the Basic Charter and did not act in the best interests of the child.
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