Από : www.ilga-europe.org
.
Legal recognition of same-sex relationships can be categorised in three main groups:
marriage
where the rights, responsibilities and legal recognition given to same-sex couples who marry is the same as those for married heterosexual couples.
registered partnership & registered cohabitation
where specific and enumerated rights, responsibilities and legal recognition are given to same-sex couples who register their partnership. The rights, responsibilities and legal recognition can be identical to or fairly close to those for married heterosexual couples (allowing for the limited competence of state or province in a federal system), or clearly inferior to those for married heterosexual couples. The registration system is often available to unmarried heterosexual couples.
unregistered cohabitation
where rights and responsibilities are automatically accrued after a specified period of cohabitation, almost always available to unmarried heterosexual couples.
Please find below a list of all European countries with information on the legal recognition of same-sex partners:
.
Albania
No legal recognition for same-sex partners.
Andorra
Registered cohabitation, 2005. Legislation provides a registration for 'stable couples' regardless partners' sexes. They have to register in a registry of Stable Unions and have to prove a stable relationship. Registered couples will enjoy most of marriage rights.
News item in Spanish on new Andorra legislation:www.gaynews.it/view.php?ID=31406
Armenia
No legal recognition for same-sex partners.
Austria
Unregistered Cohabitation : following the decision of the European Court of Human Rights in case of Karner v Austria [2003], cohabiting same-sex partners are entitled to the same rights as unmarried cohabiting opposite-sex partners.
Azerbaijan
No legal recognition for same-sex partners.
Belgium
Marriage , 2003 Same rights and responsibilities as opposite-sex married partners.Exception: Belgian law does not provide for presumed paternity for the female spouse of a married woman who gives birth during their marriage; no provision for joint parental responsibility, nor for adoption by a same-sex partner or a same-sex couple.
Registered Cohabitation , 2000
Loi du 23 novembre 1998 instaurant la cohabitation légale
Statutory Cohabitation Contract, 4 January 2000 Same rights and responsibilities as opposite-sex married partners.
Bosnia & Herzegovina
No legal recognition for same-sex partners.
Bulgaria
No legal recognition for same-sex partners.
Croatia
Unregistered Cohabitation , 2003
Law on same sex civil union, no. 01-081-03-2597/2, 14 July 2003The law on same-sex civil unions grants same-sex partners of at least of 3 years the same rights as enjoyed by unmarried cohabiting opposite sex partners (inheritance, financial support).
English translation of the law: http://www.iglhrc.org/site/iglhrc/content.php?type=1&id=73
Cyprus
No legal recognition for same-sex partners.
Czech Republic
Registered Partnership Bill approved in the first reading at the parliament.
Unregistered Cohabitation "persons living in the common household”, inheritance and succession rights in housing
Denmark
Registered Partnership, Act no.372 of 7June 1989Registered partnership open to same-sex partners only. Grants full range of protections, responsibilities and benefits as marriage. States that all legislation referring to "marriage" or "spouse" be read to include registered same-sex partners. Registered partner can adopt the other partner's child, but a registered couple cannot adopt other children.
English translation of the law: http://www.france.qrd.org/texts/partnership/dk/denmark-act.html
Estonia
No legal recognition for same-sex partners.
Finland
Registered Partnership , (Act 950/2001)
Grants similar rights and responsibilities as married partners. Registration and dissolution undertaken in a similar manner to marriage. Joint custody is allowed. Grants immigration rights to foreign partner. Registration available only to same-sex couples.
English translation: http://www.finlex.fi/pdf/saadkaan/E0010950.PDF
France
Unregistered Cohabitation (Concubinage)Very limited rights in such areas as tenancy, immigration, health insurance for same-sex cohabiting partners.
Registered Partnership
Civil Solidarity Pact Act ( PACS), 15.11.99, Law No.99-944Partners commit to mutual and material help, and are jointly responsible for household debts by signing a Pact of Civil Solidarity at the district court (Tribunal d’instance). Dissolution of partnership is by death or marriage or, after three months' delay, at the request of either partner. Available to any two domestic partners of same or opposite sex. Joint taxation and welfare benefits are available after three years of partnership. Available to non-French nationals. No joint custody; cannot adopt partner’s children or jointly adopt unrelated children.
French text: http://www.france.qrd.org/texts/partnership/fr/pacs.html
Information in English: http://www.france.qrd.org/texts/partnership/fr/explanation.html
Georgia
No legal recognition for same-sex partners.
Germany
Life Partnerships Act 2000.
Registered partners are able to change their last names and qualify for same inheritance tax exemptions as married couples. Allows joint custody over child for whom one partner already has custody and allows adopt each other’s children. Grants recognition of next-of-kin rights; joint eligibility for some social security benefits; survivor’s pension right; similar rights in the field of tenancy; immigration concessions for foreign partner. When ending partnership by a court declaration, provides for continuing maintenance payment obligations. Registration available only to same-sex couples.
German text: http://www.france.qrd.org/texts/partnership/de/bmj.html
Greece
No legal recognition for same-sex partners
Hungary
Unregistered cohabitation, amendment to Civil Code (1996)
Applies to couples living together in an economic and sexual relationship (common-law marriage) including same-sex couples. No official registration required. The law gives some specified rights and benefits to two persons living together. These rights and benefits are not automatically given - they must be applied for to the social department of the local government in each case.
Government proposed partnership law.
Iceland
Registered Partnership , 1996Grants full range of protections, responsibilities and benefits as marriage. Joint custody of children is permitted, where one partner already has custody of the child. Only available to same-sex couples. Registered partner can adopt the other partner’s child, unless the child is adopted from a foreign country. No joint adoption for registered same-sex partners.
English translation of the law: http://www.france.qrd.org/texts/partnership/is/iceland-bill.html
Ireland
Civil Partnership Bill initiated at parliament (2005).
Text of the Bill and explanatory comments: http://www.oireachtas.ie/documents/bills28/bills/2004/5404/b5404s.pdf
Italy
No legal recognition for same-sex partners
Latvia
No legal recognition for same-sex partners
Liechtenstein
No legal recognition for same-sex partners.
Proposed Registered Partnership bill was rejected by the parliament.
Lithuania
No legal recognition for same-sex partners
Luxembourg
Registered partnership (4946-12 May 2004)
Applies to same sex and opposite sex couple.
Official declaration before the register of civil status ( officier d’ état civil )
Same rights as married couples in relation to access to welfare benefits ( couverture sociale ).
Same fiscal status as married couple
Text in French: http://www.gouvernement.lu/dossiers/justice/partenariat/loi_partenariat.pdf
Malta
No legal recognition for same-sex partners.
Moldova
No legal recognition for same-sex partners.
Monaco
No legal recognition for same-sex partners.
Netherlands
Unregistered Cohabitation, 1979Since 1979 same-sex cohabiting partners were increasingly granted legal rights in such areas as rent law, social security, income tax, immigration rules, state pension, death duties etc.
Registered Partnership, 1998Registered partnerships for same-sex and opposite sex partners. All the same rights and responsibilities as married partners.Exception: registered (female or male) partner of a woman who gives birth is not deemed to be the second parent of the child.
Marriage, 2001Same rights and responsibilities as opposite -sex married partners. Exception: cannot adopt a child from abroad.
Useful recourse on the Dutch legislation for same-sex partners: http://athena.leidenuniv.nl/rechten/meijers/index.php3?m=10&c=69
Norway
Registered Partnership , 1993Lov om registrert partnerskap , 1993-04-30 no.40
Grants full range of protections, responsibilities and benefits as marriage, including arrangements for the breakdown of the relationship. Only available to same-sex couples.
English translation of the law:http://www.ilga-europe.org/www.dep.no/bfd/engelsk/publ/handbooks/004071-120027/index-dok000-b-n-a.html
Poland
No legal recognition for same-sex partners.
Registered Partnership Bill was approved by upper house of palriament in December 2004.
Portugal
Unregistered Cohabitation, 15 March 2001
Leis de Uniões de Facto e de Economia Comum .Legislation extends to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years ("common economy"); housing arrangements, same property regime as married partners, civil servants and work benefits, fiscal status, welfare benefits. Very limited rights, do not cover most of the rights and benefits associated with marriage.
Portuguese version of the law: http://www.ilga-europe.org/www.portugalgay.pt , then click on Espaco Aberto , then Politica e Direitos .
Romania
No legal recognition for same-sex partners.
Russia
No legal recognition for same-sex partners.
San Marino
No legal recognition for same-sex partners.
Serbia & Montenegro
No legal recognition for same-sex partners.
Slovakia
No legal recognition for same-sex partners.
Slovenia
Law on Registered Same-Sex Partnership , 22 June 2005
The law is covering only the property relations, the right/obligation to support socially weaker partner and only partly the inheritance rights. It does not bring any rights in the area of social security (social and health insurance, pension rights), and it does not give the status of a next-keen to the partners.
Spain
Marriage act 30 June 2005
Same-sex married partners will now enjoy all the rights and responsibilities of marriage, including entitlement for joint adoption.
Sweden
Unregistered Cohabitation, 1988Homosexual Cohabitants Act. Limited tenancy and property rights. 2003 a gender neutral act on cohabitation giving same-sex cohabiting partners all the same rights and responsibilities as to opposite sex cohabiting partners.
Registered Partnership, (Act 1994: 117, Decree 1994: 1431)Grants full range of protections, responsibilities and benefits as marriage, including arrangements for the breakdown of the relationship. Only available to same-sex couples. Same-sex registered partners can adopt jointly.
English translation of the law: http://www.france.qrd.org/texts/partnership/se/sweden-act.html
Marriage : discussion on opening marriage to same-sex partners started by government/parliament
Switzerland
Registered Partnership , 2004 Legislation adopted on 10 June 2004. Same-sex couples can register their partnerships. They get the same rights as heterosexual couples in terms of pension, insurance and taxation. The law does not confer rights to marry, take the same name, adopt or undergo fertility treatments.
Text of the law in French and German .
FYR Macedonia
No legal recognition for same-sex partners.
Turkey
No legal recognition for same-sex partners.
Ukraine
No legal recognition for same-sex partners.
UK
Registerer Partnership
Civil Partnership Act (2004)
Registrations start in December 2005, open to same-sex partners only, all the same rights and responsibilities as marriage.
Text of the Act: http://www.legislation.hmso.gov.uk/acts/acts2004/20040033.htm
Unregistered Cohabitation
Cohabiting same-sex partners are recognised and enjoy variety of rights in such areas as accidents and compensations, tenancy, immigration, mental health.
.
Legal recognition of same-sex relationships can be categorised in three main groups:
marriage
where the rights, responsibilities and legal recognition given to same-sex couples who marry is the same as those for married heterosexual couples.
registered partnership & registered cohabitation
where specific and enumerated rights, responsibilities and legal recognition are given to same-sex couples who register their partnership. The rights, responsibilities and legal recognition can be identical to or fairly close to those for married heterosexual couples (allowing for the limited competence of state or province in a federal system), or clearly inferior to those for married heterosexual couples. The registration system is often available to unmarried heterosexual couples.
unregistered cohabitation
where rights and responsibilities are automatically accrued after a specified period of cohabitation, almost always available to unmarried heterosexual couples.
Please find below a list of all European countries with information on the legal recognition of same-sex partners:
.
Albania
No legal recognition for same-sex partners.
Andorra
Registered cohabitation, 2005. Legislation provides a registration for 'stable couples' regardless partners' sexes. They have to register in a registry of Stable Unions and have to prove a stable relationship. Registered couples will enjoy most of marriage rights.
News item in Spanish on new Andorra legislation:www.gaynews.it/view.php?ID=31406
Armenia
No legal recognition for same-sex partners.
Austria
Unregistered Cohabitation : following the decision of the European Court of Human Rights in case of Karner v Austria [2003], cohabiting same-sex partners are entitled to the same rights as unmarried cohabiting opposite-sex partners.
Azerbaijan
No legal recognition for same-sex partners.
Belgium
Marriage , 2003 Same rights and responsibilities as opposite-sex married partners.Exception: Belgian law does not provide for presumed paternity for the female spouse of a married woman who gives birth during their marriage; no provision for joint parental responsibility, nor for adoption by a same-sex partner or a same-sex couple.
Registered Cohabitation , 2000
Loi du 23 novembre 1998 instaurant la cohabitation légale
Statutory Cohabitation Contract, 4 January 2000 Same rights and responsibilities as opposite-sex married partners.
Bosnia & Herzegovina
No legal recognition for same-sex partners.
Bulgaria
No legal recognition for same-sex partners.
Croatia
Unregistered Cohabitation , 2003
Law on same sex civil union, no. 01-081-03-2597/2, 14 July 2003The law on same-sex civil unions grants same-sex partners of at least of 3 years the same rights as enjoyed by unmarried cohabiting opposite sex partners (inheritance, financial support).
English translation of the law: http://www.iglhrc.org/site/iglhrc/content.php?type=1&id=73
Cyprus
No legal recognition for same-sex partners.
Czech Republic
Registered Partnership Bill approved in the first reading at the parliament.
Unregistered Cohabitation "persons living in the common household”, inheritance and succession rights in housing
Denmark
Registered Partnership, Act no.372 of 7June 1989Registered partnership open to same-sex partners only. Grants full range of protections, responsibilities and benefits as marriage. States that all legislation referring to "marriage" or "spouse" be read to include registered same-sex partners. Registered partner can adopt the other partner's child, but a registered couple cannot adopt other children.
English translation of the law: http://www.france.qrd.org/texts/partnership/dk/denmark-act.html
Estonia
No legal recognition for same-sex partners.
Finland
Registered Partnership , (Act 950/2001)
Grants similar rights and responsibilities as married partners. Registration and dissolution undertaken in a similar manner to marriage. Joint custody is allowed. Grants immigration rights to foreign partner. Registration available only to same-sex couples.
English translation: http://www.finlex.fi/pdf/saadkaan/E0010950.PDF
France
Unregistered Cohabitation (Concubinage)Very limited rights in such areas as tenancy, immigration, health insurance for same-sex cohabiting partners.
Registered Partnership
Civil Solidarity Pact Act ( PACS), 15.11.99, Law No.99-944Partners commit to mutual and material help, and are jointly responsible for household debts by signing a Pact of Civil Solidarity at the district court (Tribunal d’instance). Dissolution of partnership is by death or marriage or, after three months' delay, at the request of either partner. Available to any two domestic partners of same or opposite sex. Joint taxation and welfare benefits are available after three years of partnership. Available to non-French nationals. No joint custody; cannot adopt partner’s children or jointly adopt unrelated children.
French text: http://www.france.qrd.org/texts/partnership/fr/pacs.html
Information in English: http://www.france.qrd.org/texts/partnership/fr/explanation.html
Georgia
No legal recognition for same-sex partners.
Germany
Life Partnerships Act 2000.
Registered partners are able to change their last names and qualify for same inheritance tax exemptions as married couples. Allows joint custody over child for whom one partner already has custody and allows adopt each other’s children. Grants recognition of next-of-kin rights; joint eligibility for some social security benefits; survivor’s pension right; similar rights in the field of tenancy; immigration concessions for foreign partner. When ending partnership by a court declaration, provides for continuing maintenance payment obligations. Registration available only to same-sex couples.
German text: http://www.france.qrd.org/texts/partnership/de/bmj.html
Greece
No legal recognition for same-sex partners
Hungary
Unregistered cohabitation, amendment to Civil Code (1996)
Applies to couples living together in an economic and sexual relationship (common-law marriage) including same-sex couples. No official registration required. The law gives some specified rights and benefits to two persons living together. These rights and benefits are not automatically given - they must be applied for to the social department of the local government in each case.
Government proposed partnership law.
Iceland
Registered Partnership , 1996Grants full range of protections, responsibilities and benefits as marriage. Joint custody of children is permitted, where one partner already has custody of the child. Only available to same-sex couples. Registered partner can adopt the other partner’s child, unless the child is adopted from a foreign country. No joint adoption for registered same-sex partners.
English translation of the law: http://www.france.qrd.org/texts/partnership/is/iceland-bill.html
Ireland
Civil Partnership Bill initiated at parliament (2005).
Text of the Bill and explanatory comments: http://www.oireachtas.ie/documents/bills28/bills/2004/5404/b5404s.pdf
Italy
No legal recognition for same-sex partners
Latvia
No legal recognition for same-sex partners
Liechtenstein
No legal recognition for same-sex partners.
Proposed Registered Partnership bill was rejected by the parliament.
Lithuania
No legal recognition for same-sex partners
Luxembourg
Registered partnership (4946-12 May 2004)
Applies to same sex and opposite sex couple.
Official declaration before the register of civil status ( officier d’ état civil )
Same rights as married couples in relation to access to welfare benefits ( couverture sociale ).
Same fiscal status as married couple
Text in French: http://www.gouvernement.lu/dossiers/justice/partenariat/loi_partenariat.pdf
Malta
No legal recognition for same-sex partners.
Moldova
No legal recognition for same-sex partners.
Monaco
No legal recognition for same-sex partners.
Netherlands
Unregistered Cohabitation, 1979Since 1979 same-sex cohabiting partners were increasingly granted legal rights in such areas as rent law, social security, income tax, immigration rules, state pension, death duties etc.
Registered Partnership, 1998Registered partnerships for same-sex and opposite sex partners. All the same rights and responsibilities as married partners.Exception: registered (female or male) partner of a woman who gives birth is not deemed to be the second parent of the child.
Marriage, 2001Same rights and responsibilities as opposite -sex married partners. Exception: cannot adopt a child from abroad.
Useful recourse on the Dutch legislation for same-sex partners: http://athena.leidenuniv.nl/rechten/meijers/index.php3?m=10&c=69
Norway
Registered Partnership , 1993Lov om registrert partnerskap , 1993-04-30 no.40
Grants full range of protections, responsibilities and benefits as marriage, including arrangements for the breakdown of the relationship. Only available to same-sex couples.
English translation of the law:http://www.ilga-europe.org/www.dep.no/bfd/engelsk/publ/handbooks/004071-120027/index-dok000-b-n-a.html
Poland
No legal recognition for same-sex partners.
Registered Partnership Bill was approved by upper house of palriament in December 2004.
Portugal
Unregistered Cohabitation, 15 March 2001
Leis de Uniões de Facto e de Economia Comum .Legislation extends to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years ("common economy"); housing arrangements, same property regime as married partners, civil servants and work benefits, fiscal status, welfare benefits. Very limited rights, do not cover most of the rights and benefits associated with marriage.
Portuguese version of the law: http://www.ilga-europe.org/www.portugalgay.pt , then click on Espaco Aberto , then Politica e Direitos .
Romania
No legal recognition for same-sex partners.
Russia
No legal recognition for same-sex partners.
San Marino
No legal recognition for same-sex partners.
Serbia & Montenegro
No legal recognition for same-sex partners.
Slovakia
No legal recognition for same-sex partners.
Slovenia
Law on Registered Same-Sex Partnership , 22 June 2005
The law is covering only the property relations, the right/obligation to support socially weaker partner and only partly the inheritance rights. It does not bring any rights in the area of social security (social and health insurance, pension rights), and it does not give the status of a next-keen to the partners.
Spain
Marriage act 30 June 2005
Same-sex married partners will now enjoy all the rights and responsibilities of marriage, including entitlement for joint adoption.
Sweden
Unregistered Cohabitation, 1988Homosexual Cohabitants Act. Limited tenancy and property rights. 2003 a gender neutral act on cohabitation giving same-sex cohabiting partners all the same rights and responsibilities as to opposite sex cohabiting partners.
Registered Partnership, (Act 1994: 117, Decree 1994: 1431)Grants full range of protections, responsibilities and benefits as marriage, including arrangements for the breakdown of the relationship. Only available to same-sex couples. Same-sex registered partners can adopt jointly.
English translation of the law: http://www.france.qrd.org/texts/partnership/se/sweden-act.html
Marriage : discussion on opening marriage to same-sex partners started by government/parliament
Switzerland
Registered Partnership , 2004 Legislation adopted on 10 June 2004. Same-sex couples can register their partnerships. They get the same rights as heterosexual couples in terms of pension, insurance and taxation. The law does not confer rights to marry, take the same name, adopt or undergo fertility treatments.
Text of the law in French and German .
FYR Macedonia
No legal recognition for same-sex partners.
Turkey
No legal recognition for same-sex partners.
Ukraine
No legal recognition for same-sex partners.
UK
Registerer Partnership
Civil Partnership Act (2004)
Registrations start in December 2005, open to same-sex partners only, all the same rights and responsibilities as marriage.
Text of the Act: http://www.legislation.hmso.gov.uk/acts/acts2004/20040033.htm
Unregistered Cohabitation
Cohabiting same-sex partners are recognised and enjoy variety of rights in such areas as accidents and compensations, tenancy, immigration, mental health.
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