Simply ignoring the court’s earlier ruling in the same case, the child welfare authorities rejected the suitability for adoption of a gay applicant represented by Háttér Társaság (Background Society) – again. In the repeated procedure, the authority almost exclusively put forward arguments that had already been ruled unlawful by the court a few months ago.
In June, Háttér Társaság was pleased to report on the verdict of the Metropolitan Court of Budapest, which annulled the discriminatory decision of the District Guardianship Office under the Government Office of the Capital of Budapest and ordered the authority to start a new procedure. The verdict emphasised that the guardianship authority should have sent the proposal of the Metropolitan District Child Protection Service (TEGYESZ) to the Minister for Children and Youth Policy, whose consent was required for the decision on suitability for adoption. The guardianship authority could only overrule the proposal of the TEGYESZ if there were a statutory ground for exclusion, which was not the case. The verdict provided for a reopened procedure: since the guardianship authority had itself recognised the applicant’s suitability for adoption in the proceedings, it should send the file to the Minister authorised to make the decision, without further procedural steps.
Despite the clear guidelines provided by the Metropolitan Court, the guardianship authority repeatedly issued a negative decision in the new procedure. It found that the applicant had no statutory grounds for exclusion, that his psychological aptitude had already been supported by the expert opinion in the previous proceedings, that he could provide suitable accommodation for the child on the basis of the environmental assessment, and that his education was an explicit advantage. However, instead of acting in accordance with the instructions of the court, the guardianship authority again invoked arguments related to the applicant’s sexual orientation. Again, the restrictive concept of family based on marriage and the issue of family roles (per The Fundamental Law), i.e., the absence of a maternal role model in this case, were raised in the decision.
Although the court stressed in its judgment that hypothetical, general, and future dangers and the negative attitude of society – as assumed by the authority – cannot justify a refusal, the guardianship authority argues again that there is a risk that the applicant cannot provide sufficient protection against “the effects of external, judgmental behaviour”. The argument concerning the interpretation of the “sole” adoption, which has long since disappeared from the eligibility decisions, has also returned. The applicant had applied for a sole adoption in the absence of any other option but was accompanied throughout the procedure by his partner, as all the environmental studies and expert reports drawn up by the TEGYESZ refer to him as well. However, the decision of the guardianship authority deliberately misinterprets the possibility of sole adoption and accuses the applicant of having applied for a declaration of suitability as a “single person”. This is not only contrary to the wording of the legislation, since there is no indication that this form of adoption is available only to single persons, but also deliberately distorts the facts as they have come to light during the procedure.
“It is outrageous that the guardianship authority openly contradicts the court’s verdict and bases its decision on arguments the court had previously declared unlawful. The decision, which is openly discriminatory, unscientific, and full of arguments unsupported by public opinion polls, is yet another example of how the system does everything in its power to ensure that all potentially eligible gay applicants are denied even a decision on suitability for adoption. Not only does this violate the rights of the applicant, but if the court’s decision can simply be circumvented by an authority, it undermines confidence in the justice system and deprives the applicant of an effective remedy.” commented Eszter Polgári, Head of the Legal Programme of Háttér Társaság.
Social attitudes towards child-rearing for same-sex couples have changed significantly in Hungary in recent years. While in 2019 only 17% fully agreed that members of a same-sex couple could be good parents, in October 2023 this figure had risen to 66%. 60% of Hungarians believed that same-sex couples should be allowed to adopt.
Translated by Zsófia Ziaja
