National

Consensual sex between same-sex couples is lawful at age sixteen (16) years [R1.1].

National

Belgian law is silent on surrogate motherhood, leaving wide room for interpretation. There is no specific legal bar to a gay couple – or any couple – using a surrogate mother abroad and bringing the child back home [R1.2].

In February 2011, the Belgian Foreign Ministry decided to issue a passport to a surrogate child following a court decision saying bureaucrats had erred and the child was entitled to the document. The child was expected to come Belgium to join his parents, a gay married couple, one of whom is the biological father of the child born to a surrogate mother in the Ukraine [R1.1].

National

A relatively new addition to the list of provisions enshrined in the 1951 UN Convention that entitles a person to apply for refugee status, "sexual orientation" owes its inclusion to a growing understanding in a handful of countries that lesbians and gays constitute a distinct social group. This article has been invoked to grant asylum to lesbians and gay men in Belgium [R1.1].

National

In 2006, joint adoption by same-sex couples became legal [R1.5].

Previously:

In December 2005, legislation approving of adoptions for same-sex couples passed in the Lower House and was expected to be approved in the Upper House of Parliament [R1.4].

In June 2003, Same-sex couples were not permitted to adoption children [R1.3].

In November 2000, Belgium's Federal Minister for Family Affairs said homosexual couples living together would be able to adopt Belgian children [R1.2].

In November 2002, only the mother of a child being raised by a lesbian couple would be considered a parent [R1.1].

National

In January 2003, partners could file taxes jointly, benefit from unemployment pay-outs should one of the partners be out of work and had the same financial responsibilities in case of divorce [R1.3].

In May 2000, it was reported that the "statutory cohabitation contract" was unpopular since it came into force 1 January [R1.2].

In September 1999, the parties of Belgium's Federal Coalition Government agreed on provisions of a Statutory Cohabitation Contract that was to take effect 1 January 2000 [R1.1].

National

In 2003, discrimination in employment based on sexual orientation became unlawful [R1.1].

National

In 2007, a specific law was introduced on gender recognition after Gender Reassignment treatment [R1.1].

National

In 2003, hate crimes based on sexual orientation became an aggravating circumstance [R1.1].

National

Consensual sex between same-sex couples is reported to have been decriminalised in 1795 [R1.1].

National

The survivor of a same-sex relationship has the right to inherit the goods and property of the deceased partner [R1.2].

In November 1997, Belgium's government agreed to amend tax laws so that a surviving gay partner will pay lower inheritance taxes, but not as low as heterosexual spouses [R1.1].

National

In January 2003, the House of Representatives, passed a bill approving gay marriage in a 91–22 vote with nine abstentions, with the opposition Christian Democrat CdH and the extreme right Vlaams Blok voting against [R1.6].

The law, which comes into effect in the summer [R1.5] -

• will only allow same-sex weddings among people whose home country recognises same-sex marriages;
• will not permit couples to adopt children; and
• will consider only the mother of a child being raised by a lesbian couple a parent;
• will extend inheritance rights to the goods and property of a deceased partner;
• will allowed partners to file taxes jointly, benefit from unemployment pay-outs should one of the partners be out of work and will have the same financial responsibilities in case of divorce.

On 01 June 2003, the law came into effect [R1.4].

Previously:

In June 2001, the Belgian government approved a Bill allowing gay and lesbian couples to marry [R1.3].

In October 2002, the Senate's Justice Commission voted 11–4 in favour of the bill [R1.2] and in November 2002, the Senate approved the Bill in a 46–15 vote with 4 abstentions [ R1.1].