Greece’s top court upholds same-sex marriage and adoption rights

Greece’s highest administrative court has upheld legislation allowing same-sex couples to marry and adopt children, confirming that these rights are compatible with the country’s constitution.

In a decision issued on 20 March, the Council of State rejected challenges brought by two associations and one non-profit organisation against the implementation of Law 5089/2024, which legalised same-sex marriage and equal adoption rights earlier this year. The petitions had sought to overturn provisions relating to civil marriage and the updating of birth registries, Attitude reports.

The court ruled by a clear majority that extending civil marriage to same-sex couples does not alter the legal position of different-sex couples or weaken the traditional family model. It stressed that the rules and traditions of the Orthodox Church on marriage and family remain a matter of personal religious choice for Orthodox believers, and are not affected by the civil law framework.

Greece is now the first majority-Orthodox country to recognise same-sex marriage.

Addressing adoption, the Council of State found that allowing same-sex couples to adopt “does not violate the constitutional protection of childhood and the paramount/best interests of the child,” confirming that children raised by same-sex parents are entitled to the same legal safeguards as others.

While the ruling consolidates gains for LGBTQ+ families, restrictions remain. Greek law still excludes male same-sex couples from accessing surrogacy, which is currently available only to heterosexual couples and single women.