When it comes to exercising free choice regarding childbirth, same-sex partners face a lot more restrictions than heterosexual partners. A same-sex oriented person can only become a parent through the process of an individual adoption, where a single person adopts a child, and either one of the respective partners can adopt the child of the other partner if all the criteria are met. A subsequent adoption is also possible, where one partner in a same-sex union adopts the adopted child of their partner. Same-sex partners could potentially become parents through assisted reproductive technology (ART) but only heterosexual partners are entitled to ART procedures in Slovenia. They can undergo such procedures abroad and then request the recognition of the foreign judgment to the competent authority in Slovenia.
The Partnership Act (ZPZ) and Family code (DZ) list no reasons for the different treatment which begs the question if these reasons even exist. Article 14 of the Constitution of the Republic of Slovenia guarantees that all persons shall have equal human rights and fundamental freedoms regardless of any personal circumstances, furthermore, Article 14 of the European Convention for the Protection of Human Rights also prohibits discrimination. The jurisprudence of the European Court of Human Rights confirms that different treatment of people in relatively similar circumstances is discriminatory if it is not objectively and reasonably justified. In full compliance with the principles of equality and the prohibition of discrimination, consideration must be given to regulating equal treatment consistently or present reasonable arguments for the different treatment of same-sex and heterosexual partners.
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