Court awards lesbian wife right to paternity leave
The ruling means same-sex couples will be entitled to equal rights as heterosexual couples who adopt.28 October 2008
MADRID - A Madrid judge has ruled that a lesbian woman may take a 13-day paternity leave to care for her adopted child, who was born to her wife in 2007. The woman, Carmen Diez, had earlier been denied the leave by Social Security officials, and she decided to take her case to court.
In a radio interview, Diez said that her request had been denied partly because she did not ask for paternity leave during her wife's own maternity leave. "But that is absurd, because during her maternity leave I was still not the child's legal parent and could not ask for paternity rights," said Diez, who was married in 2006.
The judge argued that men who request a paternity leave for an adopted child are never obliged to fulfil the condition that Diez was asked to fulfil, and that same-sex couples have the same rights as heterosexual couples who adopt.
The labour union CC OO, whose legal department filed the lawsuit for Diez, said that the ruling is very important because it will "encourage" gay and lesbian couples to request the paternity leaves they are entitled to, and to file complaints in the case they are asked to fulfil more requisites than heterosexual couples.
[El Pais / Expatica]