Lesbian, gay, bisexual and transgender (LGBT) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since July 1. The law has been condemned by seventeen EU countries so far. Also, in July 2021, the EU Commission has started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people: "Europe will never allow parts of our society to be stigmatized." Russia had similar laws implemented in 2013.
Law regarding same-sex sexual activity
The first Hungarian Penal Code by Károly Csemegi (1878) punished homosexuality between men ("természet elleni fajtalanság" – perversion against nature (nature's law)) with prison up to one year. Homosexual activity above the age of 20 was decriminalized in 1961, then above the age of 18 in 1978 by the new Penal Code. The age of consent, which is 14, has applied equally to heterosexual and homosexual activity since a Constitutional Court decision of 2002. Gay and bisexual people are not banned from military service.
Recognition of same-sex relationships
Unregistered cohabitation has been recognised since 1996. It applies to any couple living together in an economic and sexual relationship (common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. Unregistered cohabitation is defined in the Civil Code as "when two persons are living together outside of wedlock in an emotional and financial community in the same household, provided that neither of them is engaged in wedlock or partnership with another person, registered or otherwise, and that they are not related in direct line, and they are not siblings." Inheritance is possible only with testament, and widow-pension is available for couples cohabiting for more than 10 years.
On 17 December 2007, the Parliament adopted a registered partnership bill submitted by the Hungarian Socialist Party–Alliance of Free Democrats Government. The bill was found unconstitutional by the Constitutional Court because it duplicated the institution of marriage for opposite-sex couples. In February 2009, the Parliament approval a modified version of the bill. Since 1 July 2009, same-sex couples can enter into registered partnerships. The law gives the same rights to registered partners as to spouses except for adoption, assisted reproduction or taking a surname.
On 1 January 2012, a new constitution, enacted by the Parliament in 2011, came into effect, restricting marriage to opposite-sex couples and containing no guarantees of protection from discrimination on account of sexual orientation. However, discrimination on the basis of sexual orientation remains banned through interpretation of the general non-discrimination provision in the Constitution, as well as by the Equal Treatment Act.
Adoption and family planning
Although same-sex couples cannot adopt jointly, adoption by individuals is illegal regardless of sexual orientation or partnership status. Stepchild adoption is only available for married (different-sex) couples.
Access to IVF and donor insemination is available for single women regardless of sexual orientation, but not available for lesbians cohabiting or in a registered partnership with their same-sex partners.