Court in Kyiv recognizes marriage relationship between two men
3 July 2025 14:49
In June 2025, for the first time in Ukraine, the Desnianskyi District Court of Kyiv established the fact of cohabitation and the existence of a de facto marriage relationship between two men who are citizens of Ukraine. This is stated in the court’ s decision , according to Ukrainian News, [ komersant] reports.
One of the men has been in diplomatic service abroad since 2024 and is trying to obtain permission to reunite with his partner, who currently lives in Ukraine. However, the Ministry of Foreign Affairs of Ukraine refused to recognize the diplomat’s partner as a member of his family, citing current legislation that recognizes marriage exclusively as a union between a woman and a man.
In response, the men went to court to recognize the fact of their actual marriage. They reported that they had been living together since 2013, held a civil marriage ceremony in 2017, and officially registered their marriage in the United States in 2021.
During the trial, witnesses were questioned and confirmed their cohabitation, household management, purchase of things, property, joint travels, etc. The court also examined photographs, documents and other evidence of living together.
The court’s decision emphasizes that the Constitution of Ukraine guarantees equality and freedom of all people (Article 21), and a 1999 decision of the Constitutional Court allows not only relatives but also persons who run a common household and live together to be recognized as family members.
The court also took into account the practice of the European Court of Human Rights, which recognizes the rights of same-sex couples to family life. In particular, the decision mentions the cases of Schalk and Kopf v. Austria, Vallianatos and Others v. Greece, Fedotova and Others v. Russia and Maimulakhin and Markiv v. Ukraine.
“The actual marriage relationship between persons of the same sex can be recognized if there is evidence of cohabitation, household management, mutual rights and obligations. This allows such couples to obtain legal protection for their family relationships,” the court said in its June 10 ruling.
Thus, the court upheld the claim and recognized the existence of an actual marriage relationship between the men.
The decision may be appealed to the Kyiv Court of Appeal. According to media reports, the Ministry of Foreign Affairs did not participate in the process.
