Information Note on the Court’s case-law 226
February 2019
S.W. and Others v. Austria (communicated case) - 1928/19
Article 14
Discrimination
Refusal to issue birth certificate indicating both child’s parents as her mothers in case of adoption by biological mother’s partner in same-sex couple: communicated
Article 8
Refusal to issue birth certificate indicating both child’s parents as her mothers in case of adoption by biological mother’s partner in same-sex couple: communicated
The first and the third applicant are a same-sex couple living in a registered partnership. The second applicant is the first applicant’s biological daughter and was adopted by the third applicant. The first and third applicants lodged an application to be issued a birth-certificate for the second applicant indicating both the first and the third applicant as the second applicant’s mothers. The Register Office dismissed the application stating that documents indicating civil status had to be issued pursuant to the sample forms annexed to the regulations. The sample forms included two data fields to fill in the child’s parents’ data, one headed “Mother/Parent” and the other one headed “Father/Parent”. The appeal was dismissed and the Constitutional Court decided not to deal with the complaint due to lack of prospects of success.
The applicants complain that it was clear from the fact that the third applicant was listed under the header “Father/Parent” that she was not the second applicant’s biological mother. While it was obvious from their first names that both the first and the third applicant were women, and therefore that one of them was not the second applicant’s biological mother, that was discriminatory, as the birth certificate of a child of different sex parents did not reveal if the parents were biological or adoptive parents.
Communicated under Articles 8 and 14 of the Convention.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
Click here for the Case-Law Information Notes
Full & Egal Universal Law Academy