On June 22, 2009 the executive government of Romania assumed responsibility for the new civil and criminal codes. Then, on July 20, 2009, Romanian President Traian Basescu signed decrees promulgating these codes.
In the Civil Code, Articles 277, 258, 259, and 462 prevent same-sex couples and other non-traditional families from enjoying their rights to nondiscrimination, freedom of movement, and privacy under international and European law and policy.
On July 30, 2009, ACCEPT, IGLHRC, and ILGA-Europe sent a letter to President Basescu expressing disappointment with the new laws and calling on him to support any efforts to repeal them and to ensure nondiscrimination for all people, regardless of sexual orientation.
Despite the inclusion of Article 30 in the new Civil Code, which prohibits discrimination on the basis of sexual orientation, these provisions are clearly discriminatory and deny the existence of LGBT and non-traditional heterosexual families, increasing social stigma and discrimination against them.
Summary of new partnership and adoption provisions
- Article 277 on the interdiction or equating of forms of living together with marriage prohibits same-sex marriage, prohibits recognition of same sex marriage performed abroad, and prohibits recognition of all civil partnerships regardless of gender.
- Article 462 on simultaneous adoption prohibits two unmarried persons from adopting a child simultaneously or one after the other, and also specifically indicates that this includes same sex couples.
- Article 258 on family defines spouses as being a man and a woman united through marriage and defines family as being based on marriage between spouses.
- Article 259 on marriage defines marriage as being between a man and a woman and makes marriage a right.
On April 22, 2009, ACCEPT and IGLHRC sent a letter to the Romanian executive government responding to the then-proposed amendment to the civil law that would prohibit same-sex adoption. For more information click here.
Published on July 30, 2009 | OutRight Action International an LGBT human rights organization