The Constitutional Court of the Republic of Latvia has initiated proceedings to assess whether the legal framework governing information recorded in a child’s birth register and birth certificate complies with the Constitution insofar as it prevents the partner of a child’s biological mother in a same-sex family from being recorded as the child’s parent.
In the case, the child’s biological mother and her partner have entered into a registered partnership, while the relationship between the partner and the child has been recognised by the Administrative District Court as a family relationship within the meaning of the Constitution. On the basis of that judgment, the civil registry office was asked to record the biological mother’s partner as the child’s mother in the birth register and to issue a new birth certificate. The request was denied.
The applicants argue that the current legal framework fails to ensure the protection of family life guaranteed by the Constitution and adequate protection of the child’s best interests, including in personal and property-related matters. The application also raises concerns regarding a potential violation of the principle of legal equality, as the current framework does not take into account the distinct circumstances of same-sex families and prevents two persons of the same sex from being recorded as parents in a child’s birth register.
COBALT team, including Senior Associate Gabriela Šantare and Junior Associate Kārlis Ošs, provides the applicant with pro bono legal assistance.
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