| Adoption of Children | Legislation/Cases/References |
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| 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]. |
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| 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]. |
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| 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]. |
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| Discrimination | Legislation/Cases/References |
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| 1. |
National
In 2003, discrimination in employment based on sexual orientation became unlawful [R1.1]. |
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| Hate Crimes | Legislation/Cases/References |
| 1. |
National
In 2003, hate crimes based on sexual orientation became an aggravating circumstance [R1.1]. |
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| Homosexuality, Sodomy | Legislation/Cases/References |
| 1. |
National
Consensual sex between same-sex couples is reported to have been decriminalised in 1795 [R1.1]. |
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| Inheritance | Legislation/Cases/References |
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| 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]. |
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| Marriage | Legislation/Cases/References |
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| 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]. |
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| Partners | Legislation/Cases/References |
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| 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]. |
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| Transgender, Transexual | Legislation/Cases/References |
| 1. |
National
In 2007, a specific law was introduced on Gender recognition after Gender Reassignment treatment [R1.1]. |
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