Information Note on the Court\u2019s case-law 226<\/p>\n
February 2019<\/p>\n
S.W. and Others v. Austria (communicated case) – 1928\/19<\/p>\n
Article 14<\/p>\n
Discrimination<\/p>\n
Refusal to issue birth certificate indicating both child\u2019s parents as her mothers in case of adoption by biological mother\u2019s partner in same-sex couple: communicated<\/p>\n
Article 8<\/p>\n
Refusal to issue birth certificate indicating both child\u2019s parents as her mothers in case of adoption by biological mother\u2019s partner in same-sex couple: communicated<\/p>\n
The first and the third applicant are a same-sex couple living in a registered partnership. The second applicant is the first applicant\u2019s biological daughter and was adopted by the third applicant. The first and third applicants lodged an application to be issued a birth-certificate for the second applicant indicating both the first and the third applicant as the second applicant\u2019s mothers. The Register Office dismissed the application stating that documents indicating civil status had to be issued pursuant to the sample forms annexed to the regulations. The sample forms included two data fields to fill in the child\u2019s parents\u2019 data, one headed \u201cMother\/Parent\u201d and the other one headed \u201cFather\/Parent\u201d. The appeal was dismissed and the Constitutional Court decided not to deal with the complaint due to lack of prospects of success.<\/p>\n
The applicants complain that it was clear from the fact that the third applicant was listed under the header \u201cFather\/Parent\u201d that she was not the second applicant\u2019s biological mother. While it was obvious from their first names that both the first and the third applicant were women, and therefore that one of them was not the second applicant\u2019s biological mother, that was discriminatory, as the birth certificate of a child of different sex parents did not reveal if the parents were biological or adoptive parents.<\/p>\n
Communicated under Articles 8 and 14 of the Convention.<\/p>\n