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THE SAME SEX MARRIAGE – THREE BULGARIAN QUESTIONS

  • Bulgaria is in the early stages of drafting a new Family Code to replace the acting one of 1985. One of the issues under debate is the admissibility of same sex marriages though it is more of an exploration than a real intention to enforce them. Yet some interesting questions propped up in that initial debate which need the attention of a wider audience:

1. Does a same sex marriage preclude the parties from a heterosex marriage? I.e. if a man is married to a man, can either of them at the same time be married to a woman? In such a situation one formally does not have two wives or reciprocally- two husbands, it is a triangular of Man A-Man B and Man A- Woman.
2. If a man from a same sex marriage has an affair with a woman, is this an adultery in regard to his partner-man from the same sex marriage?
3. If one can have simultaneously a same sex marriage and a heterosex marriage, what will be the relationship/kinship between an adopted child from the same sex marriage and a child from the heterosex marriage? And what will be the succession order in case of inheritance?

  • We do not know the answers of the above questions but we respect the issues they raise.

Braykov’s Legal Office

June 2007