Family law in the government’s legislative agenda for this year: Will regulate ‘diversity of family forms,’ marriage and divorce, parental rights and responsibilities, child protection

The Romanian Government has earmarked a pivotal piece of legislation for its 2024 agenda, aiming to reshape the legal framework surrounding family life. Spearheaded by the Ministry of Family, Youth, and Equal Opportunities under the leadership of Natalia Intotero of the Social Democratic Party (PSD), the proposed Family Law seeks to address the „diversity of family forms,” marriage and divorce, parental rights and responsibilities, and child protection.

Scheduled for presentation to the Government by June, according to the Executive’s legislative program reviewed by G4Media, the bill represents a comprehensive and equitable approach to regulating familial relationships and safeguarding the rights and interests of family members. It notably aims to redefine the concept of family, explicitly acknowledging both traditional and single-parent families. However, at this stage, there is no clear mention of recognition for same-sex couples, an issue for which Romania has faced condemnation by the European Court of Human Rights (ECHR).

Key provisions of the proposed legislation, as outlined by G4Media’s review of the document, include:

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1. Family Definition: Clarifying the family concept to embrace various forms (traditional, single-parent, adoptive, etc.);
2. Parental Rights and Responsibilities: Establishing parents’ rights and obligations towards their children, including custody, visitation, financial support, and responsibility for education and welfare;
3. Child Protection: Creating a legal framework to shield children from neglect, abuse, and exploitation, including intervention measures in abuse or neglect cases;
4. Marriage and Divorce Regulation: Defining conditions and procedures for entering marriage, as well as rules and procedures for divorce, custody, and asset division;
5. Adoption and Protection of Vulnerable Individuals: Detailing existing legislation for the adoption process and ensuring protection and support for parentless children or vulnerable persons, such as the elderly;
6. Domestic Violence Victims Protection: Establishing measures and resources/institutions responsible for preventing and protecting domestic violence victims, including protection orders and access to counseling and support services.

The backdrop of this legislative effort includes a May 23, 2023, ECHR ruling in favor of the ACCEPT Association and 21 families against the Romanian State for violating Article 8 of the ECHR Convention, „the right to respect for private and family life,” in the case of Buhuceanu and others vs. Romania. This decision, now binding following a failed appeal by the Government, mandates Romania to legislate protection and recognition for same-sex couples.

Despite this international obligation, Prime Minister Marcel Ciolacu has expressed reservations, suggesting Romanian society might not be ready for such a change, reflecting a broader societal and political challenge in aligning national laws with international human rights standards, particularly concerning the rights of same-sex couples. Foreign Minister Luminița Odobescu has called on the Government, Parliament, and ministries to implement the ECHR decision, emphasizing Romania’s duty to present by March 25, 2024, measures addressing the Convention violations identified by the Court.