Constitutional Court to review same-sex couple's right to be listed on child's birth record
Latvia's Constitutional Court has opened a case on whether current rules barring a same-sex partner from being registered as a parent on a child's birth record comply with the Constitution. The complaint was filed by a couple whose family relationship a court had already recognized.
Latvia's Constitutional Court (ST) has initiated proceedings to examine whether several legal provisions governing how a mother's details are entered into a child's birth registry comply with Articles 91 and 110 of the Constitution. The disputed rules stem from the Civil Law, the Law on Registration of Civil Status Acts, and related Cabinet of Ministers regulations.
The case was brought by two individuals, referred to as AA and AB. AA has registered a partnership with AB's biological mother. An earlier ruling by the Administrative District Court had already recognized that the relationship between AA and AB constitutes a family relationship within the meaning of Article 110 of the Constitution. Based on that ruling, the couple asked their local civil registry office to add AA as a parent in AB's birth record and to issue a new birth certificate. The registry office rejected the request.
Applicants' arguments
The applicants argue that the current rules violate their constitutional right to family protection, since they prevent a parent-child relationship already recognized by a court from being reflected in official documents. They contend that lawmakers have failed to build a legal, social and economic protection system for families where children are raised by same-sex partners, and that this also fails to serve the best interests of the child, who is left without protection in personal and property-related matters. The applicants further argue that the rules breach the constitutional principle of equality, since they allow only a man and a woman to be registered as a child's parents, regardless of the actual circumstances.
Next steps
The Constitutional Court has invited the Saeima and the Cabinet of Ministers to submit written responses, including their account of the facts and legal reasoning, by November 2, 2026. Preparation of the case must be completed by February 28, 2027, after which the court will decide on the format and date of the hearing.
