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Laws

FINLAND

ÅLAND ISLANDS
(self-governing part of Finland)
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
Gender Identity
Harassment
Health, Medical
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

On 15 June 1998, Finland's parliament lowered the age of consent for gay sex from 18 to 16, the legal age for straight sex, and repealed a law that prohibited promotion of homosexuality [R1.1].

R1.1 Capital Q: Finnish Equalise Age of Consent 26 JUN 98
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
1.

National

In 2003, the Legal Affairs Committee of the Finnish parliament approved a bill that would make it unlawful in Finland to provide fertility treatment to single women or lesbian couples [R1.1].

R1.1 Gay.com: Finland Moves to Ban Lesbian Fertility Treatment 05 FEB 03
Asylum, Immigration, Refugees Legislation/Cases/References
1.

Asylum

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 Finland [R1.1].

Finland is amongst several countries that have granted asylum to homosexuals who feared anti-gay persecution in their native lands [R1.2].

2.

Immigration

In June 2005, it was reported that Finland was amongst at least 16 countries that recognized same-sex couples for immigration purposes [R2.1].

R1.1 Beirut Daily Star: For Some Young Lebanese Staying Means 'Life Will be Over' 12 OCT 01
R1.2 Adelaide Gay Times: Sexual Orientation Asylum is now Common 22 NOV 96
R2.1 Immigration Equality: Uniting American Families Act Introduced into the U.S. Congress 22 JUN 05
Children: Access, Custody, Visitation Legislation/Cases/References
1.

Courts & Tribunals

In October 2001, Finland's Supreme Court made a landmark ruling to award custody of two children to their deceased mother's female partner instead of their natural father [R1.1].

R1.1 Reuters: Dead Mother's Woman Partner Wins Child Custody 19 OCT 01
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

On 28 September 2001, the Finnish parliament approved a law allowing gay men and lesbians to officially register as couples and obtain some of the rights of married couples but at the time, not the right to adopt each other's children [R1.1].

See also: PARENTING: ADOPTION, FOSTERING below.

The law, came into effect 01 March 2002 [R1.2].

Previously:

In December 2000, the Finnish government proposed legalizing gay partnerships but said same-sex couples should not be allowed to adopt children or share a surname [R1.3].

In June 1999, Finnish Justice Minister Johannes Koskinen said he backed a proposal to allow homosexual couples to register their unions in the same way as married heterosexuals, paving the way for a change in the law [R1.4].

In March 1997, the Finnish Parliament's Law Committee began studying a registered-partnership measure [R1.5].

In May 1996, a bill to legalize gay registered partnerships (was introduced to) Parliament [R1.6].

In March 1996, four of the five parties in the Cabinet - the Social Democrats, Left Alliance, Greens and Swedish National Party - said they favour the passage of a Scandinavian-style registered partnership law that grants all the rights of marriage except access to church weddings, adoption, artificial insemination and in-vitro fertilisation [R1.7].

2.

Cities & Towns

In March 2002, the city of Helsinki denied gay city employees who are in registered partnerships paid leave from the city for events such as weddings and funerals [R2.1].

3.

Churches

In October 2003, the Evangelical Lutheran Church rejected the possibility that it might bless or sanction homosexual relationships. However, the church will continue to allow those registered in homosexual relationships to perform official duties for the church [R3.1].

In February 2002, months after Finnish lawmakers legalized same-sex partnerships, bishops of the Finnish Evangelical Lutheran Church decided not to bless gay unions in church [R3.2].

R1.1 Reuters: Finland Approves Gay Couples Law 28 SEP 01
R1.2 Ananova (UK): Gay Partnerships Legalised in Finland 01 MAR 02
R1.3 The Advocate: Finland May OK Gay Partnership, But Not Adoption 16-18 DEC 00
The Advocate: Finland to Grant Gay Couples Legal Status 01 DEC 00
R1.4 Reuters: Finland to Allow Gays to Register Marriages 03 JUN 99
R1.5 Melbourne Star Observer: Finns Consider Partnership 21 MAR 97
R1.6 Adelaide Gay Times: Finland Partnership Bill Introduced 21 JUN 96
R1.7 Melbourne Star Observer: Finland Moves on Marriage 08 MAR 96
R2.1 Gay.com UK: Helsinki Denies Gay Employees Couple Rights 15 MAR 02
R3.1 YLE News: Lutheran Church To Allow Gay Workers 07 OCT 03
R3.2 The Advocate: Finnish Clergy Won't Bless Legal Unions 15 FEB 02
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

National

On 20 June 2008, the government announced that the Finnish Red Cross policy of barring men who have sex with men from donating blood was lawful [R1.1].

In 1995, discrimination in employment based on sexual orientation is unlawful. In 2005, discrimination on the basis of "gender identity" was also made unlawful [R1.2].

2.

Cities & Towns

In March 2002, the city of Helsinki reportedly denied gay city employees who are in registered partnerships paid leave from the city for events such as weddings and funerals [R2.1].

3.

Courts & Tribunals

In February 2009, the Labour Protection Office in Finland ruled that the country's second-largest media group was guilty of unjust discrimination in the case of a gay woman who was dismissed as editor of a regional newspaper [R3.1].


In July 1998, a British man living in Finland won the nation's first anti-gay discrimination case under a 1995 law that bans bias based on sexual orientation [R3.2].

4

Churches

In October 2003, the Evangelical Lutheran Church decided to allow gays and lesbians to work within the church [R4.1].

R1.1 The Advocate: Gay Blood Ban Retained in Finland 01 JUL 08
R1.2 ILGA: State-Sponsored Homophobia MAY 08
R2.1 Gay.com UK: Helsinki Denies Gay Employees Couple Rights 15 MAR 02
R3.1 PinkNews.co.uk: Finnish Media Group Discriminated Against Lesbian Editor 03 FEB 09
R3.2 Capital Q: Finnish Discrimination Case Won 03 JUL 98
R4.1 YLE News: Lutheran Church To Allow Gay Workers 07 OOC 03
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

In 2005, discrimination on the basis of "gender identity" was made unlawful [R1.1].

The law also recognises the "new" gender after Gender Reassignment treatment [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Health, Medical Legislation/Cases/References
1.

National

On 20 June 2008, the government announced that the Finnish Red Cross policy of barring men who have sex with men from donating blood was lawful [R1.1].

R1.1 The Advocate: Gay Blood Ban Retained in Finland 01 JUL 08
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In 1971, consensual sex between same-sex couples was decriminalised [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Marriage Legislation/Cases/References
1.

National

In July 2010, Justice Minister Tuija Brax said work on legalising same-sex marriage and adoption by married same-sex couples had begun. The law should be in place by 2012 [R1.1].

Previously:

In April 2010, the governing majority was expected to implement a motion to be put forward at the next party congress in support of gender-neutral marriage and adoption [R1.2].

In September 2001, the Finnish parliament approved a law allowing gays to officially register as couples and obtain some of the rights of married couples but not the right to adopt each other's children [R1.3] .

The law, came into effect 01 March 2002 [R1.4].

R1.1 PinkPaper: Finland working to legalise same-sex marriage and adoption 13 JUL 10
R1.2 IceNews: Finnish parliamentary support for gay marriage and adoption rights 23 APR 10
R1.3 Reuters: Finland Approves Gay Couples Law 28 SEP 01
R1.4 Ananova (UK): Gay Partnerships Legalised in Finland 01 MAR 02
Military Legislation/Cases/References
1.

National

Finland has compulsory military service but men may be excused on the grounds of homosexuality [R1.1].

R1.1 Associated Press: World's Militaries and Gay Stance 12 JAN 00
Parenting: Adoption, Fostering Legislation/Cases/References
1.

National

In July 2010, Justice Minister Tuija Brax said work on legalising same-sex marriage and adoption by married same-sex couples had begun. The law should be in place by 2012 [R1.1].

Previously:

On 15 May 2009, the parliament voted to allow gay couples in registered partnerships to adopt the biological children of their partners [R1.2], effective in September [The Advocate: 20 July 09].

In September 2003, a working group of the Ministry of Social Affairs and Health would allow "in-family adoptions" for registered same-sex couples. This would mean that one of the partners would be able to get parental rights to the biological child of the other partner [R1.3].

In the Autumn 2003, the government was giving consideration to allowing homosexual couples to adopt children within the family [R1.4].

On 28 September 2001, parliament approved a law allowing gay men and lesbians to register as couples and obtain some of the rights of married couples but not the right to adopt each other's children [R1.5].

R1.1 PinkPaper: Finland working to legalise same-sex marriage and adoption 13 JUL 10
R1.2 PinkNews.co.uk: Finland allows gay couples to adopt partner's children 15 MAY 09
R1.3 Helsingin Sanomat: Working Group Would Allow Same-sex Couples Limited Adoption Rights 03 SEP 03
R1.4 YLE24 Online: Gay Activists Welcome Adoption Proposal 13 JUL 03
R1.5 Reuters: Finland approves Gay Couples Law 28 SEP 01

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