SUMMARY
Title of publication
Children in registered relationships
Authors
Committee on special issues related to registered relationships
Chairman: Martti Lähteinen
Secretary: Irma Pahlman
Summary
The Ministry of Social Affairs and Health set up on 17 April 2002 a Committee (for the
term 18 April 2002 to 30 June 2003) to discuss special issues related to registered
relationships. The aim was to investigate social and legal problems related to the status
of children in families of registered couples, as well as to put forward proposals for law
amendments that are possibly needed. A special question to be deliberated was if
provisions should be issued to enable inter-family adoption in registered relationships.
The Committee studied first the status of children of partners in a registered
relationship under the present legislation, gathered research data on the status of
children in these families, studied the status of these children from the point of view of
human and fundamental rights, as well as surveyed judicial developments in this area in
some other countries. In the chapter "Evaluation of the present situation" the
Committee first discusses the changing nature of parenthood from both the real life and
legal point of view. After that, the present situation is discussed under the heading
"Practical questions", in particular in regard to issues in which the Committee
has put forward proposals for amendments, giving also grounds for them.
The most important proposal of the Committee is giving the right to inter-family
adoption in registered relationships. Accordingly, a registered spouse could adopt a child
of his or her spouse with such legal consequences that the child is considered a common
child of the registered couple. The implementation of this proposal would solve most
problems in the present status of children of parents in a registered relationship.
Furthermore, the Committee proposes that registered couples should be entitled to adopt
a child in common in such cases when it is question of a child in the couple’s
immediate circle of relatives or friends whose life has to be rearranged e.g. because of
the death of the child’s parents.
The Committee also proposes that when revising the instructions for adoption
counselling, the new situations emerging with the implementation of the Committee’s
proposals should be taken into account. Also, if the best interests of the child so
require, meeting rights between the child and his or her parent’s registered spouse
should be officially determined in case the couple is separated.
The Committee further proposes revision of the legislation on parental leaves and
benefits under the Health Insurance Act to the effect that families of registered couples
will be in the same position as those of married or cohabiting couples.
If implemented, the proposed changes will be significant for the children concerned. On
the other hand, their impact on public economy will be very insignificant, since the
increased expenditure would concern only some tens of children and, correspondingly,
savings would be achieved in the form of ceased payments of maintenance allowance for
these children.
Key words
Registered couples, persons of the same sex, children, adoption, meeting rights, family
legislation
Title and number of series
Committee Reports of the Ministry of Social Affairs and Health 2003:10
Language Finnish
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