Information on the Legal Status of Same Sex Marriage
More and more countries worldwide now accept some form of legal partnershipfor same sex couples. This level of recognition ranges from civil marriage to domestic partnership.
Domestic partnership is classed as a relationship between two individuals who live together but are not joined by a civil union or traditional marriage; however it can be legally recognised. In some places a domestic partnership is deemed equivalent to a marriage however the exact rights of a domestic partnership vary greatly from country to country.
Civil Marriage alternatively known as civil union or civil partnership - this is a legally recognised commitment between same sex couples. It provides partners with the rights, benefits and responsibilities similar to opposite sex marriage. With so many countries worldwide now accepting some form of civil marriage why stay at home for your special day when you can take advantage of some of the world’s most stunning locations.
Browse through our information pages and you will see that we have provided information on the various legalities of same sex marriage in some of our most popular destinations. Due to the constantly evolving political climate for same sex partnerships we strongly suggest that you check the most update information on individual countries from their official authorities. Links are provided for your convenience.
What do we do if we want to register a civil partnership abroad?
If you have any general enquiries about registering a civil partnership abroad, you should contact the Embassy or High Commission of the country concerned. It is possible you will be asked to obtain a certificate of no impediment. This is a document required by some foreign authorities to enable you to register a civil partnership in another country and, under certain circumstances, it can be provided by your local registration authority.
Couples wanting to get married abroad need to consider specific residency laws as some countries require individuals to be a permanent resident of that country or for couples to have been resident for a minimum period of time. We recommend that you contact the authorities of your chosen destination to confirm such issues. Links to the official authority websites are provided on this site in our ‘Destination Overview’ section.
Once you have decided upon your chosen destination remember to allow plenty of time to complete any relevant paper work. Most of this paperwork can often be done in your home country before you travel allowing you to relax and enjoy your trip.
If we get married abroad will it be recognised at home?
Usually if both your home country and the country you wish for your ceremony to take place has a legal form of civil partnership or gay marriage it is acceptable for your commitment to be legally recognised back at home. Due to the complexities of these laws in various countries we recommend that you contact both your local registry office and the authorities of the country you wish to visit to obtain their exact current regulations.
California has recognised same-sex domestic partnerships since 2005. Those who have registered domestic partnerships have all of the same rights and responsibilities as marriages under state law. To register both persons must have a common residence in California. In May 2008 the Supreme Court of California ruled that same sex partners would be legally entitled to full marriage rights. California is the second state behind Massachusetts to offer such rights.
* In November 2008 a successful majority of California residents voted for Proposition 8 which defines marriage as an act between man and woman - effectivley this ruling bans gay marriage. Protests to have this ruling overturned have begun.
After a failed attempt to legalize civil unions in 2008 a new law to allow gay and lesbian couples in Hawaii to form a civil union was approved in February 2009 by the State House of Representatives. Same sex partners would firstly have to apply for a licence.
Before this legislation becomes law it must be approved by the State Senate and signed by the Governor.
A form of civil union open to same-sex and to mixed sex couples is currently recognised in Hawaii giving a limited number of rights and benefits on state level, including inheritance rights, workers compensation, the right to sue for wrongful death, health insurance and pension benefits for state employees.
Maine has recognised same-sex civil unions since 2004. To register as domestic partners here, both parties must have been in legal residence together in Maine for the preceding 12 months.
In 2004 Massachusetts became the first U.S. state to legalize same-sex marriage. The State of Massachusetts also issues licenses to gay couples from New Mexico and Rhode Island since neither state explicitly prohibits same-sex marriage.
Back in January 2008 New Hampshire became the 4th state behind Vermont, New Jersey and Connecticut to offer civil unions. In June 2009 the New Hampshire Democrat governor John Lynch passed a law to legalise gay marriage making it the sixth state to allow same-sex marriage.
New Jersey is the third US state to offer same-sex civil unions behind Vermont and Connecticut. The same-sex civil union’s law, grants gay and lesbian couples the same rights as marriage.
The Family Fairness Act 2007 recognised domestic partnerships for same-sex couples and became law on 1st January 2008. Marriage licenses here are organised by counties not the state itself. When you have decided upon your location you must contact the local county clerk’s office to obtain a licence.
The first U.S. state to offer same sex civil unions since 2000. In September 2009 Vermont became the fourth US state behind Massachusetts, Connecticut and Iowa to allow same-sex marriage although it is the first state to do so with a legislature's vote. Gay couples are not guarenteed federal benefits however they are granted access to Social Security.
In April 2009 the Iowa Supreme Court voted to allow gay marriage. Iowa is the first Midwestern state to allow gay marriage. It now becomes the third state in the USA joining Massachusetts and Connecticut to allow same sex couples to wed.
In August 2009 Wisconsin became the first Midwestern state to allow domestic partnerships. Gay couples are entitled to far fewer of the legal rights available to married straight couples. Some of the benefits gay couples are entitled to include hospital visitation, inheritance and medical leave rights.
Since March 2010 Maryland has formally recognised gay marriages which were performed outside of the state.
Andorra recognizes civil union legislation for ‘stable couples’ regardless of gender. Resident couples who have been together for at least six months can register in a registry of Stable Unions. At least one partner must be a resident of Andorra or an Andorran national.
The Argentine Congress plans to implement a new form of marriage open to both same-sex and mixed-sex couples. Currently Buenos Aires and Villa Carlos Paz offer the possibility of civil unions to couples who have lived together for at least two years. These couples are granted some of the rights provided to married couples.
In November 2009 The Australian Capital Territory became the first region in Australia to legalise civil partnership ceremonies for same-sex couples. New South Wales, Northern Territory, Queensland, South Australia, Victoria, and Western Australia all have some legal recognition of same-sex couples at state level although they currently do not offer the same rights as unmarried opposite sex couples.
In 2003 the European Court of Human Rights ruled that cohabiting same sex partners should be entitled to the same rights as cohabiting mixed sex couples. Civil Unions for same sex couples are not yet supported by the Austrian government however it is very likely that they will be legalised in 2008.
Gay & lesbian couples have the same rights and responsibilities as opposite sex married partners. This is recognised through same sex and mixed sex civil unions. Neither partner needs to be a Belgium citizen.
Anti-discrimination laws and court rulings in Brazil give same-sex couples who can show they are in a "stable union" the same rights as mixed-sex couples who are living together.
In 2005 Canada became the fourth country in the world to legalize same-sex marriage nationwide with the approval of the Civil Marriage Act. Same-sex marriages or civil partnerships registered outside Canada are not recognised for emigration purposes to Canada.
Civil partnerships for same-sex couples have been granted in Croatia since 2003. The act specifies only two rights for same-sex couples: the right to joint property and the right to be supported by a partner. Partners must have been together for at least three years.
Same sex partnerships have been legally recognised in the Czech Republic since 2006. At least one partner must be a citizen of the Czech Republic. Registered partners are entitled to several rights including inheritance, hospital and spousal privileges but do not allow adoption, widow’s pension or joint property rights.
Legal civil unions have been allowed in Denmark since 1989. All legislation referring to ‘marriage’ includes registered same sex partners. Only citizens of countries that recognise same-sex marriages can enter a registered partnership in Denmark.
Domestic partners can register under the Civil Partnership Act giving registered same-sex couples all of the rights, privileges and responsibilities of married heterosexual couples.
Finland has offered registered partnership benefits since September 2001. It grants similar rights and responsibilities as married partners in the form of same sex civil unions.
Pacte Civil de Solidarité” (PACS), or “Civil Solidarity Pacts,” (a form of civil union) were instituted in France in 1999. This offers very limited rights in such areas as tenancy, immigration, health insurance for same-sex cohabiting partners. French or non-French nationals wishing to get married in France must contact directly the Town Hall (Mairie) of his or her residence in France and must stay one month in the town where marriage will take place. Anyone who wants to get married in France must contact their own Consulate in France.
A pacte civil de solidarité ("civil pact of solidarity") commonly known as a PACS is a form of civil union between two adults (same-sex or opposite-sex) for organising their joint life. Individuals who have registered a PACS are still considered "single" with regard to family status for some purposes, while they are increasingly considered in the same way as married couples are for other purposes.
Germany introduced a registered partnership for same sex couples in 2001. Gay couples can register a "Life Partnership" although this grants lesser financial and pension benefits than traditional marriage.
Greenland recognises same-sex civil unions as equivalent to a civil partnership. Only citizens of countries that recognise same-sex marriages can enter a registered partnership in Greenland.
Gay couples have been protected under common-law marriages since 1995; however they are not eligible for legal marriage. The law gives some specified rights and benefits to two persons living together. However Civil Partnerships will be recognised in Hungary from January 2009.
Since 1996 gay Icelanders have been protected under the Registered Partnership Act which grants a full range of responsibilities and benefits. Same sex civil unions have been recognised since 2002.
Israel has granted unregistered cohabitation for same-sex couples since 1994, in the form of common law marriage. The city of Tel Aviv recognises unmarried couples, including gays and lesbians, as family units and grants them discounts for municipal services.
Italy debates a possibility of a civil union scheme for same-sex and opposite sex partners. There are however several regions that currently recognize a form of domestic partnership known as coppie di fatto (2004). These regions are: Abruzzo, Campania, Emilia Romagna, Lazio, Liguria, Marche, Puglia, Tuscany, Umbria, and Veneto.
Civil partnership legislation modelled after France's PACS were introduced in Luxembourg in 2004. Same sex civil unions offer the same rights as mixed sex married couples in relation to access to welfare benefits.
In December 2009 Mexico City became the first capital city to legalise same-sex marriage in North America. They became only the seventh country to permit gay marriage plus a handful of US states. Previously same-sex domestic partnerships were legalized in Mexico in 2007 (Civil Solidarity Union).
In November 2008 Nepal's Supreme Court voted in favour of laws to guarentee full rights to LGBT people. Under this law all gender minorities must be defined as "natural persons" - this includes the right to marry. Same sex unions are permitted but will not receive official approval until further notice. A government committe has been asked to study same sex partnership laws and asked that the new law does not discriminate against sexual minorities in other countries.
Civil Unions for same-sex and opposite sex partners were introduced here in 2001. This provides all the same rights and responsibilities as married partners.
In December 2004, New Zealand enacted legislation recognizing same-sex civil unions. All couples in New Zealand, whether married or in a civil union now generally enjoy the same rights and undertake the same obligations. Couples from other countries that have legal same-sex marriages can have their marriages recognized as civil unions in New Zealand.
Since 1996, gay Norwegians have been protected under registered partnerships which grants the full range of protections, responsibilities and benefits as marriage.
Same sex marriage became legal in Norway on January 1st 2009, when a gender neutral marriage bill was enacted after being passed by the Norwegian legislature in June 2008. Norway became the sixth country in the world to legalize same-sex marriage.
A registered partnership bill was approved by upper house parliament in December 2004 giving same sex couples the right to legal partnership.
In January 2010 Portugal's parliment voted to legalise same-sex marriage. Portugal became the sixth country in Europe to grant gay and lesbian couples the right to wed.
Domestic Partnership for same sex couples is currently recognised in Slovenia however the government are considering new legislation to offer a form of civil union for gay couples.
South Africa is the first African nation to welcome civil marriage for same sex couples. Same sex couples can now enjoy the same rights and responsibilities as mixed sex couples.
Since June 2005 Same-sex married partners have enjoyed all the rights and responsibilities of mixed sexed married couples as Civil Marriage in Spain is open to both homosexual and heterosexual couples.
From May 2009 Sweden has allowed gay couples to be legally married. The law enables same sex couples to wed in either a civil or religious ceremony, though church ceremonies are not yet legal..
Same-sex couples have been able to register a civil union since 2007 however are given limited legal benefits with civil recognition.
Domestic partners can register under the Civil Partnership Act. This legislation took effect in December 2005 giving registered same-sex couples all of the rights, privelages and responsibilities of married heterosexual couples. The Civil Partnership Act applies across all od England, Wales, Scotland, and Northern Ireland.
With a diverse range of laws across the states of America gay marriage is not yet legal throughout the whole country. GayWeddingDestinations.com has provided you with a destination overview on the states that currently allow gay marriage.
For more information on specific regions please select individual states.
Uruguay recognises civil unions for both same-sex and mixed-sex couples from January 2008. Couples are only eligible to form civil unions after living together for five years.
