Different family models

The concept of a family evolves, and may comprise different models of relationships between people.

A legally recognized relationship

Estonian law does not define what is family. Instead the family enjoys a special protection by the state under the constitution. The commentary of the constitution as well as the case law by the Supreme Court of Estonia relies on the understanding of family as a factual relationship similarly to the European Court of Human Rights.

A single parent family

A family may consist of one unmarried or divorced parent living together with a child. According to the law single parent is a person whose child birth registration contain no entry concerning the father. Also the person whose child’s other parent has been declared missing. 

example A single mother who is raising her child is considered a family.

Partnership

The couple who have registered a partnership (civil union) forms a family. Partners are then required by law to support and maintain each other. Registered partners have equal rights and duties with respect to each other. In Estonia the same sex couples have a right to register their partnership if they so wish.

Factual relationship

A close personal relationship also constitutes a family. A number of factors may be relevant in assessing whether such relationship can be considered a family: 

  • whether the people live together
  • the length of their relationship
  • whether they raise children together 
  • whether they have demonstrated their commitment to each other by any other means

example An unmarried couple that has been living together for several years and has a child in common is considered a family.

Read more about factual relationship.

Same-sex couples

A relationship between two persons of the same-sex who are co-habiting, whether they are in a registered partnership or not, may fall within the concept of family life.

important It is not possible for a same-sex couple to marry in Estonia. Different state authorities when deciding over issues such as visas, residence permits and family benefits may refuse to recognize a marriage of a same sex couple. The law says that a marriage contracted in a foreign state is deemed to be valid in Estonia if it is contracted pursuant to the procedure for contraction of marriage provided by the law of the state. Estonian legal practice on this matter is scarce and inconsistent. If a state administration refuses to recognize your marriage consult with a lawyer who has knowledge in human rights law.

In order to evaluate whether the relationship of a same-sex couple can be considered a family, the same factors have to be evaluated as in the case of a co-habiting opposite-sex couple.

Human Rights Guide

A European platform for human rights education