Parental Rights for Same-Sex Couples in Monaco

A Partial Step Forward That Leaves Families in the Shadows

Since 2019, Monaco has legally recognized civil partnerships—known as the Contrat de Vie Commune (CVC)—for both heterosexual and same-sex couples. At the time, this move was celebrated as a meaningful step forward, albeit one that came well after France’s introduction of the PACS in 1999. While the CVC grants partners certain protections—such as inheritance rights and medical consent—it overlooks a crucial aspect of family life: children.

The Legal Gap Surrounding Children in Civil Unions

Under current Monegasque law, when a same-sex couple raises a child, only the biological parent is granted legal recognition. The non-biological partner—despite being actively involved in the child’s life—is denied any legal parental rights, even if the couple is in a recognized civil union. This legal void can have serious consequences, particularly in the event of separation or the death of the biological parent. By contrast, France has acknowledged equal parenting rights for same-sex couples since 2019.

On October 7, Béatrice Fresko-Rolfo, a National Council member and chair of the Commission for Women’s Rights, Family, and Equality, addressed this issue in a public statement. She highlighted what she referred to as “a legal loophole in our system,” emphasizing that “children must be protected under all circumstances.”

Invisible Families in the Eyes of the Law

For families affected by this legal oversight, daily life is filled with challenges. Cynthia, spokesperson for the advocacy group Monarcenciel, shared her experience: even though she and her partner are legally married abroad, only her partner—the biological mother—is recognized as a parent in Monaco. “At daycare, one of us is invisible,” she says. This legal invisibility also affects access to social benefits. Child allowances are issued solely to the legally recognized parent, even though both partners’ incomes are factored into eligibility assessments.

Monarcenciel, created to advocate for same-sex parenting rights, now counts over one hundred members. Still, its president acknowledges that the path to true equality remains complex and full of obstacles.

Political Momentum for Legal Reform

Béatrice Fresko-Rolfo has made this issue a central cause. On October 13, she reaffirmed her commitment on France 3 Côte d’Azur, stating, “We must address this gap in the law for the best interests of the child.” She called for the equal recognition of parental rights, regardless of gender or sexual orientation. “I will dedicate my mandate to advancing this important issue, so that all individuals—including children—are recognized as full citizens with equal rights.”

One of the proposed solutions is second-parent adoption, a legal mechanism that would formally establish the relationship between children and both partners in a same-sex couple. This would provide a clear legal framework and greater family stability.

Marriage Equality: Still a Taboo Subject

Despite civil union recognition, same-sex marriage remains a highly sensitive issue in Monaco. No legislation has yet been introduced to address the matter, and even mentioning the word “marriage” in public debates often sparks unease.

As a result, many same-sex couples from Monaco choose to marry abroad—but their parental rights remain unrecognized upon returning to the Principality. This disconnect is increasingly viewed as unjust by citizens and lawmakers alike—some of whom, including Fresko-Rolfo, continue to campaign for change.

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