Hungary: Peter Magyar Aims to Revisit Adoption Restrictions for Same-Sex Couples

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The Hungarian government plans to amend the system established under Viktor Orban in 2020, which effectively made adoption much more difficult for same-sex couples. Prime Minister Peter Magyar wants to entrust adoption decisions to professionals rather than a political official.

Hungary could undergo a significant change in its LGBTQ+ rights policies. Prime Minister Peter Magyar announced on Saturday his intention to revise the legislation adopted in 2020 under the government of Viktor Orban, in order to end the system that has, in practice, prevented gay and lesbian couples from adopting.

Before the 2020 reform, same-sex couples could bypass the lack of recognition of same-sex marriage by applying for adoption in the name of one partner. The new system had considerably restricted this possibility.

Decisions Would No Longer Be in the Hands of a Minister

At a press conference, Peter Magyar stated that his government intends to review this mechanism. According to him, decisions regarding adoption should not fall to a political official, but to professionals capable of assessing the necessary conditions for the well-being and development of the child.

This evolution would mark a break from the system established under Viktor Orban, in which single individuals wishing to adopt had to obtain permission from the minister responsible for family affairs.

In practice, this requirement made adoption by homosexual individuals extremely difficult, as authorities could block the initiated procedures.

A Change After Sixteen Years of Orban's Rule

Peter Magyar's announcement comes a few months after his electoral victory against Viktor Orban, who had led Hungary for sixteen years.

Since coming to power, the new government has sought to mark a break with several policies implemented under the successive governments of the conservative party Fidesz.

The issue of LGBTQ+ rights is one area where this break could be particularly visible. Under Viktor Orban, Budapest adopted several measures limiting the rights and visibility of homosexual and transgender individuals.

A Policy That Has Sparked Strong Tensions with the European Union

Hungarian policies regarding LGBTQ+ rights have also caused repeated tensions with European institutions.

Orban's government had notably adopted provisions regarding content related to homosexuality and gender transition accessible to minors. Other measures had also limited the legal recognition of gender change.

In April, the Court of Justice of the European Union ruled that certain Hungarian rules targeting LGBTQ+ content were contrary to European law and contributed to stigmatizing and marginalizing homosexual and transgender individuals.

Same-Sex Marriage Still Prohibited

Despite the announcement of a possible reform of the adoption system, Hungary still does not recognize same-sex marriage.

However, same-sex couples can benefit from a civil union status, without having the same rights as married couples.

The reform announced by Peter Magyar would therefore not constitute a comprehensive challenge to the entire Hungarian legal framework regarding same-sex couples. Nevertheless, it would mark a notable change in how adoption applications are examined.

For the new government, the stated goal is to place the interest of the child and professional assessment at the center of the process, rather than allowing such a sensitive decision to depend directly on a political authority.