As LGBTQ+ rights continue to progress globally, marriage equality and child bearing rights for same-sex couples are making significant strides. The first legal recognition of a same-sex union came in 1999, followed by the Netherlands granting legal same-sex marriage in 2001. Since then, 24 European countries – including 15 EU members – have legalized same-sex marriage.
In the Americas, the first same-sex marriage occurred in 1971 due to a legal loophole, with it officially recognized in 2019 after a lengthy legal battle. The U.S. legalized same-sex marriage nationwide in 2015, following Canada’s move in 2005. Currently, same-sex marriage is legal in 35 countries, covering approximately 17% of the global population. Public opinion internationally reflects this upward trend, especially in Western Europe.
Regulation surrounding child bearing for same-sex couples, however, presents a more intricate landscape. Same-sex marriage legalization initially did not guarantee childbearing rights, but this has shifted over the past decade. Notably, surrogacy is legalized for same-sex couples in Belgium, while in France, same-sex female couples gained the right to artificial insemination only in 2021. South Africa, Israel, and Cuba also extend surrogacy rights to same-sex couples.
Despite no mandated EU legislation favoring same-sex marriage or childbearing, the European Court of Justice in 2021 decreed that families of same-sex couples should be recognized throughout the EU, even in states without legalized marriage equality. This directive comes in the wake of changes worldwide, affirming γάμος ομοφύλων, τεκνοθεσία, and δικαιώματα LGBTQ+ rights at an international level.
