In Ukraine the Family Code will be abolished: is there room for same-sex marriages

Ukraine plans to fully abolish the current Family Code and transfer the regulation of family law to the Civil Code. This was reported by Verkhovna Rada Chairman Ruslan Stefanchuk, who noted that all provisions that caused public resonance have been removed from the draft.

Debates about registered partnerships and constitutional limits

Separating the Family Code as a distinct branch of law once created significant problems for regulating private relations. Now lawmakers seek to return family law to a unified Civil Code, removing declarative provisions and taking into account real judicial practice. Verkhovna Rada Chairman Ruslan Stefanchuk said this at a briefing, as reported by 24 Kanal.

According to him, separate family codes are mostly characteristic of post‑Soviet countries, whereas in most developed states family relations are part of general private codification.

It is believed that the family is the foundation of privacy, so there is no need to single it out separately. In the draft of the new Civil Code, which deputies still need to approve, the current provisions of the Family Code have been adjusted in accordance with established judicial practice.

We removed all that declarative language and created a real mechanism, which we implemented in the Civil Code. We went through many iterations with media lawyers. In some cases I convinced them, and they agreed. In other cases they showed some things from their practice,

– Stefanchuk said.

As Suspilne journalists wrote, the issue that generated the most discussion during the preparation of the bill was the legalization of same‑sex marriages and registered partnerships.

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According to the speaker, representatives of the LGBTQ+ community did everything possible to include the relevant provision, but the key barrier was article 51 of the Constitution of Ukraine, which cannot be changed during martial law. The family provisions establish that marriage is based on the free consent of a woman and a man. Now a same‑sex couple can be partners, but it is legally impossible to grant them the status of marriage.

Ruslan Stefanchuk agreed that some provisions requested by representatives of the LGBTQ+ community could be simplified.

At the same time, other triggers that worried the public were removed from the Civil Code draft. Which specific proposals are meant is unknown.

Recall that on 28 April deputies approved in principle the draft of the new Civil Code of Ukraine, which consists of 9 books and comprehensively updates the main norms of private law. The new Civil Code foresees significant changes, including updating the principle prohibiting contradictory behavior, expanding personal rights, and the legal regime of spouses’ joint property.

At the same time, the European Commission has previously emphasized the need to recognize same‑sex marriages in Ukraine, as such practice would align with EU human rights standards.