Council of State: Same-sex couples’ marriage with the right of adoption is constitutional

The Grand Chamber of the Council of State (Greece’s highest administrative court) said “yes” to the decision of matrimony betwixt persons of the same sex, arsenic established for the archetypal clip by Law 5089/2024. As a consequence, the right to adoption is extended to joined same-sex couples.

At the aforesaid time, Law 5089/2024 connected equality successful civilian matrimony and the amendment of the Civil Code was deemed constitutional.

The lawsuit considered by the Grand Chamber was discussed connected April 11, 2025, with State Councilor Anastasia-Maria Papadimitriou arsenic the rapporteur.

The President of the Council of State, Michalis Pikramenos, stated successful an announcement pursuing today’s closed-door plenary league that the Grand Chamber, by bulk vote, ruled that:
“The provisions of Law 5089/2024, which extended the anticipation of civilian matrimony to same-sex couples, with the nonstop effect of allowing them to adopt — either jointly oregon 1 spouse adopting the biologic oregon adopted kid of the different — bash not interruption the law provisions connected the extortion of marriage, the family, motherhood, and childhood (Article 21 §1) oregon connected equality (Article 4 §1).”

In different words, the bulk of the Plenary held that the designation of the close of same-sex couples to marry, and their corresponding close to follow children (either jointly oregon individually, including 1 spouse adopting the ineligible kid — biologic oregon adopted — of the other), is successful enactment with the law provisions of Article 21 §1 (on the extortion of the family, marriage, motherhood, and childhood) and Article 4 §1 (on equality).

Dismissal of Appeals from Three Associations

Following this ruling, the Council of State dismissed the annulment applications filed against determination no. 15796/20.2.2024 of the Minister of the Interior, which regulates however spouses and parents are recorded connected civilian registry documents (birth, marriage, and decease certificates). This ministerial determination was issued nether the authorization granted by Article 12 §1 of Law 5089/2024.

The appeals had been submitted by 3 associations progressive successful matters of childhood, etc., whose founding charters see objectives specified arsenic supporting the instauration of the household and matrimony and encouraging childbirth successful accordance with Greek Orthodox tradition, and much broadly, defending the Orthodox faith.

During the hearing, the National Commission for Human Rights (NCHR) intervened successful enactment of the contested regulation.

The appellants argued, among different things, that the contested instrumentality fundamentally alters the instauration of the household to the constituent of including same-sex couples and same-sex parents — thing they claimed is successful nonstop struggle with Article 21 of the Constitution, which states that the household is the instauration of the preservation and advancement of the Nation, and that marriage, motherhood, and puerility are nether authorities protection.