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Laws

BELGIUM

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
Partners
  Parenting
Property
Sodomy
Superannuation
Transgender, Transsexual
Violence
Wrongful Death

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Adoption of Children Legislation/Cases/References
(see also CUSTODY, FOSTERING)
1.

National

In 2006, joint adoption by same-sex couples became legal [R1.1].

Previously:

In December 2005, legislation approving of adoptions for same-sex couples passed in the Lower House and was expected to be approved in the Upper House of Parliament [R1.2].

In June 2003, Same-sex couples were not permitted to adoption children [R1.3].

In November 2000, Belgium's Federal Minister for Family Affairs said homosexual couples living together would be able to adopt Belgian children [R1.4].

In November 2002, only the mother of a child being raised by a lesbian couple would be considered a parent [R1.5].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08
R1.2 MCV: "Gay Adoptions On The Way For Belgium" 09 DEC 05
R1.3 365Gay.com: "Belgium's First Gay Wedding Held Today" 06 JUN 03
R1.4 Planet Out: "Belgium Moves Towards Equality for Couples" 01 DEC 00
R1.5 RTÉ Interactive News: "Belgium to Follow Holland on Gay Marriage" 29 NOV 02
Age of Consent Legislation/Cases/References
1.

National

The legal age of consent for sexual activity is the legal age of majority, eighteen (18) years [R1.1].

R1.1 Interpol: National Laws Spring 06
Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

A relatively new addition to the list of provisions enshrined in the 1951 UN Convention that entitles a person to apply for refugee status, "sexual orientation" owes its inclusion to a growing understanding in a handful of countries that lesbians and gays constitute a distinct social group. This article has been invoked to grant asylum to lesbians and gay men in Belgium [R1].

R1 Beirut Daily Star: "For Some Young Lebanese Staying Means 'Life Will be Over'" 12 OCT 01
Discrimination Legislation/Cases/References
(see also HARASSMENT)
1.

National

In 2003, discrimination in employment based on sexual orientation became unlawful [R1.1].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08
Hate Crimes Legislation/Cases/References
1.

National

In 2003, hate crimes based on sexual orientation became an aggravating circumstance [R1.1].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is reported to have been decriminalised in 1795 [R1.1].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08
Inheritance Legislation/Cases/References
(see also PARTNERS, PROPERTY)
1.

National

The survivor of a same-sex relationship has the right to inherit the goods and property of the deceased partner [R1.1].

In November 1997, Belgium's government agreed to amend tax laws so that a surviving gay partner will pay lower inheritance taxes, but not as low as heterosexual spouses [R1.2].

R1.1 United Press International: "Belgium legalizes gay marriage" 31 JAN 03
R1.2 Capital Q: "Tax Laws Recognise Same-Sex Couples" 20 JUN 97
Marriage Legislation/Cases/References
(see also PARTNERS)
1.

National

In January 2003, the House of Representatives, passed the bill in a 91-22 vote with nine abstentions, with the opposition Christian Democrat CdH and the extreme right Vlaams Blok voting against [R1.1].

The law, which comes into effect in the summer [R1.2] -

  • will only allow same-sex weddings among people whose home country recognises same-sex marriages;
  • will not permit couples to adopt children; and
  • will consider only the mother of a child being raised by a lesbian couple a parent;
  • will extend inheritance rights to the goods and property of a deceased partner;
  • will allowed partners to file taxes jointly, benefit from unemployment pay-outs should one of the partners be out of work and will have the same financial responsibilities in case of divorce.

On 01 June 2003, the law came into effect [R1.3].

Previously:

In June 2001, the Belgian government approved a Bill allowing gay and lesbian couples to marry [R1.4].

In October 2002, the Senate's Justice Commission voted 11-4 in favour of the bill [R1.5] and in November 2002, the Senate approved the Bill in a 46-15 vote with 4 abstentions [ R1.6].

R1.1 Associated Press: "Parliamentary Vote Turns Belgium Into 2nd Nation to Approve Gay Marriage" 30 JAN 03
R1.2 United Press International: "Belgium legalizes gay marriage" 31 JAN 03
R1.3 365Gay.com: "Belgium's First Gay Wedding Held Today" 06 JUN 03
R1.4 Reuters: "Belgium Set to Legalise Gay, Lesbian Marriages" 22 JUN 01
R1.5 Reuters: "Belgium Moves Towards Gay Weddings" 24 OCT 02
R1.6 RTÉ Interactive News: "Belgium to Follow Holland on Gay Marriage" 29 NOV 02
Partners Legislation/Cases/References
1.

National

In January 2003, partners could file taxes jointly, benefit from unemployment pay-outs should one of the partners be out of work and had the same financial responsibilities in case of divorce [R1.1].

In May 2000, it was reported that the "statutory cohabitation contract" was unpopular since it came into force 1 January [R1.2].

In September 1999, the parties of Belgium's Federal Coalition Government agreed on provisions of a Statutory Cohabitation Contract that was to take effect 1 January 2000 [R1.3].

R1.1 United Press International: "Belgium legalizes gay marriage" 31 JAN 03
R1.2 Melbourne Star Observer: "Belgian Partner Law Unpopular" 19 MAY 00
R1.3 Melbourne Star Observer: "Belgium to Enact Partner Measure" 17 SEP 99
Transgender, Transexual Legislation/Cases/References
1.

National

In 2007, a specific law was introduced on Gender recognition after Gender Reassignment treatment [R1.1].

R1.1 ILGA: "State-Sponsored Homophobia" MAY 08

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