Monaco's Legal System Leaves Same-Sex Parents in Limbo

Legal Limbo for Same-Sex Parents in Monaco

In the Principality of Monaco, same-sex parents are currently not legally recognized, a situation that creates significant legal and practical challenges for families, even if the parents are married in other countries. This lack of recognition means that only the biological parent is acknowledged under Monegasque law, leaving the non-biological parent in a precarious legal position regarding their children.

Monaco's Restrictive Legal Framework

Monaco does not recognize same-sex marriages. While the country introduced a cohabitation agreement (contrat de vie commune) on June 27, 2020, this legal instrument offers only limited rights and does not extend to parental recognition. These agreements provide some benefits, such as property rights, reciprocal obligations, social security coverage, and reduced inheritance taxes, treating cohabiting partners similarly to siblings for tax purposes rather than married couples.

Crucially, the cohabitation agreement explicitly states that it has 'no effect on the rules of filiation, parental authority and the rights of the child.' This means that even with a cohabitation agreement, the non-biological parent in a same-sex couple has no legal parental authority. Furthermore, same-sex adoption is illegal in Monaco, preventing couples from jointly adopting children or even allowing one partner to adopt the other's biological child. Only married opposite-sex couples or single individuals are permitted to adopt.

Profound Impact on Families

The absence of legal recognition for same-sex parents leads to substantial difficulties in daily life. Non-biological parents lack legal rights over their children, which can cause problems in various situations, including interactions with schools or healthcare providers. For instance, a non-biological parent may need explicit authorization from the biological parent for routine tasks like picking up their child from a crèche.

The legal vulnerability extends to critical situations; should the biological parent pass away, the non-biological parent would have no legal rights to custody of the child. Same-sex couples also face disparities in benefits such as parental leave and survivor's pensions, which are not extended to non-biological parents or partners.

Growing Calls for Legislative Reform

Despite these challenges, there is a growing movement advocating for legislative change within Monaco. Béatrice Fresko-Rolfo, a National Council member and president of the Committee for Women's Rights, Family and Equality, is actively campaigning for reform. She advocates for adoption as a mechanism to grant legal recognition to both parents in same-sex families.

The charity Mon'Arc en Ciel, established by same-sex couples with children, plays a vital role in representing the LGBT+ community in Monaco and documenting the issues they encounter. The High Commissioner for the Protection of Rights and Mediation, Marina Ceyssac, has also issued recommendations to the government, referencing the European Convention on Human Rights in her calls for greater equality.

Monaco has been noted as one of the least developed countries in Western Europe regarding LGBTQ equality. The introduction of the cohabitation agreement was partly influenced by Monaco's recognition of its obligations under the European Convention on Human Rights. However, a March 2024 ruling by Monaco's highest court, the Court of Revision, affirmed that the Principality is not obligated under the ECHR to register same-sex marriages contracted abroad, overturning earlier lower court decisions that favored recognition. This decision underscores the ongoing legal battle for full recognition and equality for same-sex parents in Monaco.