Relationship between two men can be considered a family, Kyiv court rules

2824
03 July 12:16
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In Kyiv, the court ruled in favor of LGBT marriages. Photo: sud.ua In Kyiv, the court ruled in favor of LGBT marriages. Photo: sud.ua

Now men from abroad can apply for “reunification” with other men from Ukraine.

In June 2025, the Desniansky District Court of Kyiv issued an unprecedented ruling that could fundamentally change the approach to the concept of family in Ukraine. The court officially recognized the existence of “de facto marital relations” between two men – both citizens of Ukraine.

The case began when one of the partners had been serving abroad on diplomatic duty since 2024. He sought permission for family reunification with his male partner, who remained in Ukraine. However, the Ukrainian Ministry of Foreign Affairs refused to assign the diplomat’s civil partner abroad as a family member, citing the fact that Ukrainian law recognizes marriage only as a union between a man and a woman.

The couple then decided to go to court to obtain official recognition of their relationship as a family. They stated they had lived together since 2013, held a civil marriage ceremony in 2017, and were legally married in the United States in 2021, holding the corresponding marriage certificate.

Witnesses were questioned in court who confirmed that the couple had long lived together, shared a household, shopped together, bought a car together, and functioned as a full family. As evidence, the court examined family photos, pictures from their wedding ceremony, airline tickets, and other documents.

The court noted that although Ukraine’s Family Code defines marriage as a union between a man and a woman, there are “important nuances.” Article 21 of Ukraine’s Constitution states that “all people are free and equal in their dignity and rights.” In addition, a 1999 ruling of the Constitutional Court points out that family members may include not only close relatives but also other persons who live together permanently and share a household.

The court also referred to judgments of the European Court of Human Rights, which has repeatedly held that a state’s refusal to recognize de facto marital relations between same-sex partners violates their rights to respect for private and family life.

As a result, the court concluded that the claimant’s demands were justified and officially established the fact of the two men living together as a family and of the existence of de facto marital relations between them.

This decision may set a legal precedent for other same-sex couples in Ukraine, especially regarding family reunification abroad. However, the ruling can still be appealed to the Kyiv Court of Appeal.

Earlier, the UOJ reported that a gay pride parade was held in Kyiv on the eve of All Saints’ Day.

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