This chapter offers an elaborate analysis of the position of same-sex couples and rainbow families under the ECHR and EU law. Addressing issues such as marriage and partnerships, parenthood and parental responsibility, but also social benefits, family reunification and the legal recognition of family ties established abroad, the chapter takes the view that the recognition and protection of family relationships can follow multiple paths and that the ECtHR case law and EU law are mutually reinforcing for the benefit of the rights of same-sex couples and their children. The chapter also acknowledges that subsidiarity considerations lead European bodies to favour a compromise approach, refraining from forcing states to abandon their traditional conception of family law’s fundamental institutions: marriage and parenthood. The chapter, nevertheless, suggests that, at some point in the future, the increased visibility and legitimacy of same-sex couples and rainbow families should ultimately lead to imposing a European and inclusive understanding of these institutions.

People who experience their sexual orientation as different from heterosexual (or straight) and/or their gender identity as different from cisgender (i.e. matching their biological assigned sex), and their families, continue to face significant challenges in many societies. Rainbow people and families are likely to need various forms of assistance from social and health services, for issues including those discussed in this chapter. Different terms have been used to identify this population. Over several years the abbreviation LGB (lesbian, gay and bisexual) has been successively expanded to LGBTQIA+ (lesbian, gay, bisexual, transgender, queer/questioning, intersex, asexual, plus), as more diverse groups have demanded recognition. Nevertheless, even recent literature utilises various combinations of these initials. Moreover, it seems that rainbow people are increasingly using non-traditional and diverse ways of describing their gender and sexual identities. The rainbow has been recognised as a symbol of LGBTQIA+ pride for decades, and can represent support and safety for sexual and gender diverse young people.