The concept of a family evolves, and may comprise different models of relationships between family members which are protected by the right to a private and family life.
A legally recognized relationship
The Slovenian Family Code defines a family in a narrow sense – as the relationship between:
- parents and their children, while they are still part of a common household
A family, in a narrow sense, is a legally recognized relationship between parents and their children based on biological ties or adoption.
important From the legal point of view, relations between an adoptive parent and an adopted child are the same as the family relations between a parent and his/her biological child.
A single parent family
A family may also consist of one parent living together with his/her child.
example A single mother who is raising her child, even if the child’s father is unknown, will be considered a family.
Partnership
important On 16 June 2022, the Constitutional Court found that such a regime, where only two persons of different sexes can enter into marriage and where same-sex partners living in a formal partnership cannot adopt a child together, discriminates against same-sex couples. It gave the legislator a six-month deadline to abolish the unconstitutional regulation. It further ruled that, until the unconstitutionality is remedied, the following shall be deemed to apply:
- marriage is a living union between two persons, irrespective of sex, and
- same-sex partners living in a civil partnership may jointly adopt a child under the same conditions as spouses.
- whether the couple lives together
- the length of their relationship
- whether there are reasons for the marriage between them to be invalid
- whether they have demonstrated their commitment to each other by other means, such as mutual emotional attachment, desire and will of both, that their relationship be recognized as such a community, economic attachment and the like
Same-sex couples
[important] On 16 June 2022, the Constitutional Court found that such a regime, where only two persons of different sexes can enter into marriage and where same-sex partners living in a formal partnership cannot adopt a child together, discriminates against same-sex couples. It gave the legislator a six-month deadline to abolish the unconstitutional regulation. It further ruled that, until the unconstitutionality is remedied, the following shall be deemed to apply:
- marriage is a living union between two persons, irrespective of sex, and
- same-sex partners living in a civil partnership may jointly adopt a child under the same conditions as spouses.