Greece’s Grand Plenary of the Council of State ruled by majority the right of adoption for married same-sex couples as their marriage is constitutional, as established by law 5089/2024.
While the Greek State legalized same-sex marriage, the issue of adoption had been challenged by three associations. Now the Council of State decision extends the rights of same-sex married couples to adopt children based on law 5089/2024 on “equality in civil marriage and amendment of the Civil Code”.
The case had been discussed on April 11, 2024 by the plenary with State Counselor Anastasia-Maria Papadimitriou as rapporteur.
Specifically, after today’s closed-door plenary session, the President of the Council of State, Michalis Pikramenos,, in his announcement, points out that the Plenary of the Council of State by majority ruled that “the provisions of Law 5089/2024, which extended the possibility of concluding a civil marriage to same-sex couples, with the consequent possibility of their adoption, either jointly or of the child of one spouse by the other, do not contradict the provisions of the Constitution on the protection of marriage, family, maternity and childhood (Article 21, paragraph 1) or on equality (Article 4, paragraph 1)”.
Three associations had contested the adoption right
The Council of State rejected the applications for annulment directed against the 15796/20.2.2024 decision of the Minister of the Interior on regulating the manner of recording the data of spouses and parents on the birth, marriage and death certificates, which was issued under the authorization of article 12 par. 1 of law 5089/2024.
Three associations for the support of family and procreation in accordance with the Greek Orthodox tradition and in defense of the Orthodox faith had appealed the right of adoption for same-sex married couples.
Specifically, the official Council of State statement reads:
On Friday, May 30, 2025, the Plenary of the Council of State convened to confer on a case of (a) the association with the name “Association for the Protection of the Unborn Child AGIA EMMELEIA”, (b) the civil non-profit company with the name “ESTIA PATERIKON MELETON” and (c) the association with the name “ENOMENI ROMIOSYNI” against the Minister of Interior, with the intervention of the National Human Rights Commission (EEDA), with Councilor Anastasia-Maria Papadimitriou as rapporteur. The application for annulment was directed against the 15796/20.2.2024 decision of the Minister of the Interior (B’1258) on the regulation of the manner of recording the data of spouses and parents on the birth, marriage and death certificates, which was issued under the authorization of article 12 par. 1 of the aforementioned law.
The case was discussed during the hearing of April 11, 2025.