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Greek Court Recognises Same-Sex Adoption Granted in Germany to Two Mothers

  • Writer: Paula Gonçales
    Paula Gonçales
  • 20 hours ago
  • 2 min read

Updated: 19 hours ago


Facts

Chrysa Pomoni and Sofia Panagou are a family fully recognised under German law, where they married in 2018 and had two children. An adoption order was subsequently granted so that Sofia, the non-biological mother, would also be legally recognised as a parent. The family, consisting of two mothers and their twin children, holds Greek nationality.

However, when they attempted to register their children at the Greek Consulate in Berlin, they encountered their first legal obstacle: the Greek authorities refused to recognise Sofia as the children's mother.


In 2021, after deciding to return to Greece following a job opportunity, the couple brought legal proceedings seeking recognition of the German adoption order so that their parent-child relationship would also be recognised under Greek law. Their application was initially dismissed by both the Court of First Instance and the Court of Appeal, on the grounds that their family structure was contrary to Greek public policy. Following the enactment of the Marriage Equality Law in 2024, which legalised same-sex marriage in Greece, the family filed a new application based on this significant legislative change.


Judgment

In Decision No. 1407/2025, the Athens Court of First Instance reversed its previous position and recognised the validity of the foreign judgment establishing the children's joint parentage.

The Court held:

"(...) any refusal to recognise the validity of the above-mentioned German judgment within the Greek territory, of which both the applicants and their minor children are nationals, would be detrimental to the genuine interests of the latter, which prevail over considerations of public policy. Furthermore, according to the social assessment carried out during the proceedings before the German court, the second applicant is actively involved in raising the children, has a positive relationship with them, and the children have formed a bond with both same-sex parents. Disturbing that relationship would adversely affect their emotional world and normal psychosocial development. Therefore, the difference between the composition of this family and what has traditionally been regarded as a conventional family structure cannot be considered contrary to the genuine interests of the minors. Since there is no legal ground preventing recognition of the above-mentioned German judgment, the application should be granted as well-founded on its merits, and the validity of that judgment must therefore be recognised in Greece."

The judgment also produced an important procedural outcome. It confirmed that previous adverse decisions do not prevent a court from reconsidering the matter where there has been a material change in the law, such as legislative reform, and that it is not necessary for the parties to have exhausted all appeals in the original proceedings before submitting a new application.


Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. If you require guidance regarding your specific circumstances, please consult a qualified legal professional.


References

Image Credits

Getty Images


Paula Gonçales

Attorney specializing in International Family Law

Postgraduate Candidate in Civil Procedure (PUC-RS)

Member of the IBDFAM South/Southeast Research Group

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