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 cohabiting, whether they are married, in a registered partnership, or not, may fall within the concept of family life.
important From January 2024, same-sex couples in Estonia can legally marry and enjoy the same rights as opposite-sex couples.
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.