Greece's highest administrative court has ruled that permitting same-sex married couples to adopt children is constitutional, marking a significant legal milestone in the country's evolving framework on family rights and equality. The court upheld the legislation, finding that it reflects changing social norms and does not contravene the Constitution, and rejected legal challenges to its implementation.
In decision 392/2026, the plenary of the Council of State concluded, by a majority, that the provisions of Law 5089/2024, which introduced marriage equality and related parental rights, are compatible with both the Greek Constitution and the European Convention on Human Rights. The court stated that recognising adoption rights for same-sex couples "does not infringe the constitutional protection of childhood and the best interest of the child".
Judges noted that the legislation aligns with fundamental constitutional principles, including "respect and protection of human dignity, the free development of personality and equality before the law", while also reflecting developments in "the majority of advanced democratic countries of Europe and, more generally, the Western world". These changes, the court noted, aim to reduce social exclusion and safeguard private and family life without discrimination based on sexual orientation.
The court also dismissed the argument that adoption by same-sex couples could undermine the welfare of children, arguing that Greece's adoption system already incorporates robust safeguards. These include a two-stage assessment by social services and a final decision by a competent court, ensuring that each case is assessed individually with the child's best interests as the primary consideration.
The decision confirmed that children adopted by same-sex couples are not subject to adverse discrimination compared with those raised by different-sex parents, provided a court determines the arrangement serves the child's best interests. The court also pointed out that single-parent adoption has long been permitted, reinforcing the view that diverse family structures are compatible with child welfare.
The judges clarified that there is no constitutional requirement for adoption to replicate a traditional biological family model. As the ruling states, "it is not required… that adoption imitates the biological relationship of a child with two different-sex parents". The decision further ensures legal recognition for adoptions already carried out abroad by same-sex couples, providing additional procedural guarantees under the current law.
Regarding extending civil marriage to same-sex couples, Greece's Council of State ruled that it is constitutional, stressing that institutions such as marriage and family "are not static but evolve with society". The court found that the law simply broadens access to marriage without altering its core legal framework or affecting the rights of different-sex couples or religious traditions.
It also clarified that constitutional protection of the family does not apply exclusively to heterosexual marriage or biological parenthood, noting that "family life exists in diverse forms in modern society". The court argued that the ruling aligns with principles of human dignity, equality, and personal development, as well as European human rights standards.
