Ukrainian views on marriage

Ukraine may face legal challenges not experienced by non-LGBT ukrainian views on marriage. Since the fall of the Soviet Union and Ukraine’s independence in 1991, the Ukrainian LGBT community has gradually become more visible and more organized politically, organising several LGBT events in Kiev, Odessa, Kharkiv and Kryvyi Rih. Ukrainians polled believed that LGBT individuals should live freely and how ever they like. Ukrainians believed that gay and bisexual individuals should enjoy equal rights, marking a significant shift in public opinion.

As part of the Soviet Union, the Criminal Code banned same-sex sexuality. In 1991, the law was revised so as to better protect the right to privacy. Today, the law only concerns itself with same-sex sexual activity when it involves prostitution, persons under the legal age of consent or non-voluntary behavior or public conduct that is deemed to be in violation of public decency standards. Article 51 of the Constitution specifically defines marriage as a voluntary union between a man and a woman. On 23 November 2015, the Government approved an action plan to implement the National Strategy on human rights in the period up to 2020, which include the promise to draft a bill creating registered civil partnerships for opposite-sex and same-sex couples by 2017, among others. In June 2018, the Justice Ministry confirmed that currently “there is no legal grounds” for same-sex marriage and civil partnerships in Ukraine.

Additional restrictions are placed on foreign adopters. Only couples married in a registered different-sex marriage are allowed to adopt children from Ukraine. However, lesbian couples are given more access to parenting than men, as IVF and assisted insemination treatments are legal. After having failed to gain enough votes on 5 and 9 November 2015, the Ukrainian Parliament approved an anti-discrimination law banning sexual orientation and gender identity discrimination at work on 12 November 2015. There is a national hate crimes law that could be interpreted as including sexual orientation and gender identity, but that has not been decided by the courts. Transsexuality is classified as a psychiatric disorder.

In 2011, the Ukrainian Civil Code was amended and allowed for transgender persons who have undergone surgery to change their name to better reflect their gender identity. In 2014, seven people had sex changes and five people received new documentation. Since December 2016, new identity documents are issued before surgery is conducted. This followed an August 2016 ruling, which ordered changes requested by two transgender people to their passports and all other documents without requiring them to undergo surgery. Military service for men is compulsory in Ukraine.

According to law, homosexuality is not a reason for exemption from the army. However, many young gay men try to avoid call-up to military service as they are afraid to face unauthorized relations and other difficulties. Additionally, women are also allowed to serve. In April 2016, the Ukrainian Ministry of Health enacted new regulations governing blood donation, allowing gay and bisexual men to donate blood.