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El Salvador: Legislative Assembly Approves Ban on Marriage of Minors

(Aug. 30, 2017) On August 17, 2017, the Legislative Assembly of El Salvador approved an amendment of the Family Code that prohibits marriage of minors. The revision was adopted in the aftermath of a favorable opinion on the matter that had previously been presented by the legislature’s Commission on Family, Children, Adolescents, the Elderly, and […]

Portugal: New Law Further Regulates Surrogate Pregnancy

(Aug. 14, 2017) On July 31, 2017, the Government of Portugal enacted Regulatory Decree No. 6 to further regulate surrogate pregnancy (gestação de substituição), which is governed by Law No. 32 of 2006.  (Decreto Regulamentar No. 6/2017, de 31 de Julho (Regulatory Decree No. 6), DIÁRIO DA REPÚBLICA ELETRÓNIO; Lei No. 32/2006, de 26 de Julho (Surrogacy […]

Peru: Judicial Determination of Out-of-Wedlock Paternity

(Aug. 10, 2017) The Peruvian Congress, by a unanimous vote, has amended the law governing the process for establishing filiation of children. Under the amendment, Law 30628, anyone with a legitimate interest in obtaining a paternity determination may file a petition before a Justice of the Peace in order to obtain such a determination. (Ley que Regula el […]

Israel: Landmark Decision on Child Support

(Aug. 3, 2017) On July 19, 2017, Israel’s Supreme Court, in an extended panel of seven justices, unanimously accepted appeals against decisions rendered by the district courts of Central-Lod and of Haifa to the effect that the responsibility for child support for children 6 to15 years of age who were under the shared custody of […]

Germany: Right to Know Biological Father for Children Conceived Through Sperm Donation

(July 27, 2017) On May 18, 2017, the German Bundestag (parliament) adopted an act that gives children conceived through sperm donation the right to request information on the identity of the sperm donor once the child turns 16. The act excludes the possibility of using that information in court to declare the sperm donor the […]

Germany: Parliament Votes to Allow Same-Sex Marriage

(July 5, 2017) On June 30, 2017, the German Bundestag (parliament) adopted an amendment to the Civil Code that allows same-sex couples to enter into marriages. The amendment was passed with 393 to 226 votes and four abstentions in a roll-call vote in which parliamentarians were allowed to vote against party lines. (Gesetzentwurf des Bundesrates, […]

Israel: Applicable Law of Dissolution of Mixed Marriages

(July 5, 2017) On June 22, 2017, Israel’s Supreme Court rejected a request to allow an appeal against a decision by the Nazareth District Court confirming the validity of dissolution of marriage between a Jewish woman and a man not belonging to any recognized religious community in Israel. (App. Req. 5640/16, Anonymous v. Anonymous (decision […]

Taiwan: Constitutional Court Rules Same-Sex Marriage Prohibition Unconstitutional

(June 5, 2017) On May 24, 2017, Taiwan’s Constitutional Court announced J.Y. Interpretation No. 748, which rules that the prohibition of same-sex marriage in the current Civil Code violates the Constitution. (Judicial Yuan Interpretation No. 748 and Reasons (May 24, 2017), Judicial Yuan website (in Chinese) (click on the first PDF link); Press Release, On the Same […]

Georgia, Kyrgyzstan: Marriages of Minors Prohibited

(May 9, 2017) As of January 1, 2017, article 15073 of the Civil Code of Georgia, which had temporarily allowed marriages of minors, became obsolete.  (Law No. 4646 of December 16, 2016 on Amending the Civil Code of Georgia, MATSNE.GOV.GE (official publication) (in Georgian).)  The article was a transitory provision that had remained in effect […]

Israel: Rabbinical Courts May Recommend Social Religious Sanctions Against Husbands Who Refuse to Divorce

(May 2, 2017) On February 28, 2017, Israel’s Supreme Court, sitting as a High Court of Justice, in a five-to-two decision, rejected an appeal lodged by two Jewish husbands against (separate) rulings by rabbinical courts to subject the men to the application of 12th century social/religious sanctions not expressly authorized under Israeli law.  (HCJ 5185/13 […]