Recognition of same-sex unions in Bulgaria

Although the recognition of same-sex unions has been frequently debated in recent years, no law addressing the issue has been passed by the National Assembly.

In September 2023, the European Court of Human Rights ordered the government in Koilova and Babulkova to establish a legal framework recognizing same-sex unions.

[2] In 2008 and 2009, there were many debates on several national TV stations on the subject of registered partnerships, with the participation of politicians, religious leaders, gay activists and others.

[3][4] The government had suggested that the National Assembly vote in favor of a new family code, which was supposed to include registered partnerships (Bulgarian: регистрирано партньорство,[5] registrírano partnjórstvo, pronounced [rɛɡiˈstrirɐno ˈpartnjorstvo])[a] providing some of the rights and benefits of marriage.

On 5 September 2023, the European Court of Human Rights (ECHR) ruled in Koilova and Babulkova v. Bulgaria that the government had unfairly discriminated against a same-sex couple, Darina Koilova and Lilia Babulkova, Bulgarian nationals who had legally married in the United Kingdom in November 2016, by refusing to recognise their marriage.

[12][13][14] However, the court also emphasised existing case law in Schalk and Kopf v. Austria that there is no positive obligation under the Convention to recognise same-sex marriage.

[15] Human Rights Watch issued a statement following the decision, urging the government to "swiftly implement the court's judgment".

[16] The Grand Chamber of the European Court of Human Rights had already ruled in January 2023 in Fedotova and Others v. Russia that Article 8 places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.

"[18] The only way to legalise same-sex marriage in Bulgaria is to amend the Constitution, which requires a two-thirds majority in the National Assenbly on three occasions.

[27][28] The couple's lawyer, Denitsa Lyubenova, said the move could be "an important first step toward the legalization of same-sex marriage in Bulgaria".