International 09/27/2005

The following countries all provide some form of legal recognition for same-sex civil unions or civil marriage: Andorra, three states in Australia, Belgium, Canada, the Czech Republic, Denmark, Ecuador, France, Finland, Germany, Greenland, Hungary, Iceland, Ireland, Luxembourg, the Netherlands, New Zealand, Norway, Mexico, South Africa, Spain, Sweden, Switzerland, and some states in the USA. The Equality Network strongly recommends that if you have a specific query about same-sex civil unions or civil marriage in other countries, you contact the appropriate authority in that country or the Home Office in the UK.

See also Austria, Argentina, Brazil, Croatia, Israel, Italy, Portugal, Slovenia, and Uruguay.

For a civil union or registered partnership to be recognised in the UK as a civil partnership, it must either be listed in Schedule 20 to the Civil Partnership Act, or it must be a relationship that meets the general conditions required by the act.

Same-sex couples who have married in countries that have full marriage equality (civil marriage open to both mixed-sex and same-sex couples) will be legally regarded as having a civil partnership when they are in the UK. See Belgium, Canada, the Netherlands, Norway, South Africa, and Spain: also California, New York, Massachusetts and Vermont in the USA.

See Q&A: What happens if we already have a civil partnership or same-sex marriage from abroad?

Andorra

The Principality of Andorra recognizes a form of civil union: unió estable de parella (2005). It is open to couples who have lived together for at least six months and who have right of residency in Andorra. A same-sex civil union registered in Andorra will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Argentina

The Argentine Congress plans to implement a new form of marriage open to both same-sex and mixed-sex couples.

Australia

There is no recognition of same-sex couples at federal level in Australia. In 2004, the Marriage Act 1961 was redefined to ban the recognition of same-sex marriage in Australia. In December 2007, the Prime Minister of Australia announced he supported a national domestic partner register, similar to the original register in Tasmania.

The Australian Capital Territory, Victoria, and Tasmania all have a state-wide Domestic Partnerships registry which allows same-sex couples who are already in a relationshop to register their relationship officially with some of the legal benefits of marriage.

Tasmania has recognised civil unions between same-sex couples since 2004. A civil union registered in Tasmania is recognised by the UK as equivalent to a civil partnership in the UK. A Same-Sex Marriage Bill was introduced into the state parliament in July 2008.

South Australia has domestic partner registration for both same-sex and mixed-sex couples.

New South Wales, Northern Territory, Queensland, South Australia, and Western Australia all have some legal recognition of same-sex couples at state level: a "de facto" partnership which couples may have to go to court to establish.

Austria

Cohabiting same-sex couples have the same rights as cohabiting mixed-sex couples (2003). This is not an equivalent to civil partnership in the UK.

Civil unions for same-sex couples have been proposed by some parties in opposition in the Parliament, but as yet, they have not found government support.

Belgium

Belgium recognises same-sex and mixed-sex civil unions: cohabitation légale, wettlijke samenwoning or gesetzilches zusammenwohnen (November 1998). A same-sex civil union registered in Belgium will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Civil marriage in Belgium is open to same-sex and mixed-sex couples (January 2003). A same-sex couple married in Belgium will have their marriage recognised in the UK as a civil partnership (specifically listed in the Civil Partnership Act 2004). It is legal for a couple to marry in Belgium if at least one of them has lived in Belgium for at least three months.

Brazil

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. A same-sex couple who can establish with the National Social Security Institute that they are in a "stable union" have the same right as a mixed-sex married couple to inherit their partner's pension and social security benefits on retirement or death, and may declare their partners as dependents on income tax returns. This is not recognised by the UK as an equivalent to a civil partnership.

The state of Rio Grande do Sul has a civil union registry as a result of a court decision (2004). Same-sex couples in committed relationships are able to register at any notary public office. Same-sex couples who register have the right to jointly own property, establish custody of children, and claim the right to pensions and property when one partner dies. This is not recognised by the UK as an equivalent to a civil partnership.

Canada

Nova Scotia (June 2001) and Quebec (June 2002) recognise civil unions (domestic partnership, union civile). A same-sex civil union registered in either of these provinces will be recognised by the UK as equivalent to a civil partnership in the UK: these civil unions are specifically listed in the Civil Partnership Act 2004.

Civil marriage in Canada is open to same-sex and mixed-sex couples (2005). If a mixed-sex couple marry in Canada, it is recognised in the UK as a marriage: if a same-sex couple marry in Canada, it will be recognised in the UK as a civil partnership.

Same-sex marriages or civil partnerships registered outside Canada are not recognised for emigration to Canada.

Croatia

Same-sex couples who have lived together for at least three years have the same rights as mixed-sex couples who are living together. (This includes some legal right to inheritance and to financial support.) This is not recognised by the UK as an equivalent to a civil partnership.

The Parliament is considering a bill to grant legal recognition of same-sex civil unions (2006).

Czech Republic

The Czech Republic recognises same-sex registered partnerships (July 2006). At least one partner must be a citizen of the Czech Republic, and registered partnerships are only available to same-sex couples. Registered partnerships and civil marriage are listed separately on Czech identity cards. Czech Republic registered partnerships are not listed in the Civil Partnership Act 2004, but should be recognised by the UK as equivalent to a civil partnership.

Denmark

Denmark recognises same-sex civil unions: registreret partnerskab (June 1989). A same-sex civil union registered in Denmark will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Only citizens of countries that recognize same-sex civil unions as equivalent to marriage can enter a registreret partnerskab in Denmark.

Ecuador

The Ecuador Constitution, approved by referendum in September 2008, recognised civil unions for same-sex couples in Article 68 as La unión estable y monogámica entre dos personas libres de vínculo matrimonial que formen un hogar de hecho - "The stable and monogamous union between two persons, free of matrimonial bond, who form a de facto couple". Since early in the 20th century in Ecuador, mixed-sex couples who have lived together in a "stable and monogamous union" have enjoyed the same rights as civil marriage. Same-sex couples now have legally identical rights in civil union, except for adoption, which is restricted to mixed-sex couples only.

France

France recognises a form of civil union: pacte civil de solidarité, or PACS. Same-sex couples who are registered in a PACS in France may be recognised by the UK as equivalent to a civil partnership in the UK, providing the couple who have registered a PACS are eligible for a civil partnership in the UK: PACS is specifically listed in the Civil Partnership Act 2004.

Two people who can register a PACS in France may not be able to register a civil partnership in the UK: PACS is open to mixed-sex couples, who are not eligible for civil partnership, and also to close relatives who may be living together – two sisters, or an aunt and a nephew, could register a PACS, but their PACS would not be recognised as a civil partnership.

A couple who have registered a civil partnership in the UK can have their relationship recognised as legally equivalent to a PACS for tax and inheritance purposes in France.

Finland

Finland recognises same-sex civil unions: rekisteröity parisuhde or registrerad partnerskap (2002). A same-sex civil union registered in Finland will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Germany

Germany recognises same-sex civil unions: Lebenspartnerschaft (2002). A same-sex civil union registered in Germany will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Greenland

Greenland recognises same-sex civil unions: Greenland adopted Danish law on registreret partnerskab in 1994, to take effect in 1996. Same-sex registered partnerships in Greenland are not specifically listed in the Civil Partnership Act 2004, but should be recognised by the UK as equivalent to a civil partnership in the UK, as Danish same-sex civil unions are so recognised.

Hungary

Hungary will recognise same-sex civil partnerships from January 2009. From 1st January 2009, same-sex couples may register their civil partnership and have the same rights as married heterosexual couples in inheritance, taxation and other financial matters.

Iceland

Iceland recognises same-sex civil unions: staðfesta samvist (2002). A same-sex civil union registered in Iceland will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Italy

Some regions of Italy recognise a form of domestic partnership: coppie di fatto (2004). As of 20th April 2006, the Italian regions that give legal recognition to coppie di fatto are: Abruzzo, Campania, Emilia Romagna, Lazio, Liguria, Marche, Puglia, Tuscany, Umbria, and Veneto. These domestic partnerships are not listed in the Civil Partnership Act 2004, and would probably not be recognised by the UK as an equivalent to civil partnership in the UK.

Ireland

The Taoiseach has endorsed the report of an Oireachtas committee which recommended registered Civil Partnerships. The Government plans to enact legislation in 2008, and has announced that civil unions and same-sex marriages legally solemnised outside Ireland, will be recognised as civil partnerships within the Republic of Ireland.

Israel

Israel does not allow same-sex couples to register civil unions, though the Israeli government is considering the possibility, but has granted several benefits to cohabiting same-sex couples similar to those granted to married couples, including pension rights, co-parent adoption, and some survivor benefits.

All civil marriages (same-sex and mixed-sex) that are legal in the country in which the couple were married, are recognised as legal marriages within Israel. This is the result of a judgement made by the Supreme Court of Israel in November 2006. It is not as yet known whether this judgement will be held to apply to civil unions with the same legal status as marriage.

Luxembourg

Luxembourg recognises same-sex and mixed-sex civil unions: loi relative aux effets légaux de certains partenariats (2004). These civil unions are open to same-sex and mixed-sex couples. A same-sex civil union registered in Luxembourg will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

The Netherlands

The Kingdom of the Netherlands recognises same-sex and mixed-sex civil unions: geregistreerd partnerschap (1998). A same-sex civil union registered in the Kingdom of the Netherlands will be recognised by the UK as equivalent to a civil partnership in the UK: it is listed in the Civil Partnership Act 2004.

Civil marriage in the Kingdom of the Netherlands is open to same-sex and mixed-sex couples (2001). A same-sex couple married in the Netherlands will have their marriage recognised in the UK as a civil partnership (specifically listed in the Civil Partnership Act 2004).

Civil marriage and civil union legislation applies to all the countries within the Kingdom of the Netherlands: Aruba, the Netherlands, and the Netherlands Antilles (Bonaire, Curaçao, Saba, Sint Eustatius, Sint Maarten).

New Zealand

New Zealand recognises civil unions (2004). Civil unions in New Zealand are open to same-sex and mixed-sex couples. A same-sex civil union registered in New Zealand will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Norway

Norway recognises same-sex civil unions: rekisteröity parisuhde or registrerad partnerskap (1993). A same-sex civil union registered in Norway will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004. From 1st January 2009, same-sex couples will be able to marry in Norway: a same-sex marriage is recognised in the UK as a civil partnership.

Mexico

Mexico recognises same-sex domestic partnerships: Civil Solidarity Union (2007). A Civil Solidarity Union may be recognised by the UK as equivalent to a civil partnership in the UK.

Portugal

Portugal recognises domestic partnership for same-sex couples (2001), but it may not be recognised by the UK as equivalent to a civil partnership in the UK. It is not a registered civil union and it is not listed in the Civil Partnership Act 2004.

Slovenia

Slovenia recognises domestic partnership for same-sex couples (June 2005, to come into effect July 2006), but it may not be recognised by the UK as equivalent to a civil partnership in the UK. The Slovenian government is considering a stronger form of civil union for same-sex couples.

Spain

Civil marriage in Spain is open to same-sex and mixed-sex couples (2005). If a mixed-sex couple marry in Spain, it is recognised in the UK as a marriage: if a same-sex couple marry in Spain, it will be recognised in the UK as a civil partnership. In Spain, a UK civil partnership can be recognised as if it were marriage: a special application is required.

South Africa

South Africa recognised domestic partnership for same-sex couples (1999) and the Constitutional Court, over a period of years, then granted same-sex couples several rights equivalent to marriage. The Constitutional Court required the South African government to extend civil marriage to same-sex couples by December 2005, and the Civil Unions Act was made law on 30th November 2005. South African domestic partnership is not recognised by the UK as equivalent to civil partnership in the UK, but a same-sex civil marriage or civil union in South Africa should be recognised by the UK as equivalent to a civil partnership in the UK.

Sweden

Sweden recognises same-sex civil unions: registrerat partnerskap (1995). A same-sex civil union registered in Sweden will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

Switzerland

Switzerland recognises same-sex civil unions: Eingetragene Partnerschaft / Partenariat Enregistré / Unione Domestica Registrata (2007). A same-sex civil union registered in Switzerland may be recognised by the UK as equivalent to a civil partnership in the UK.

Same-sex marriages registered outside Switzerland will be recognised inside Switzerland as a civil union / Eingetragene Partnerschaft / Partenariat Enregistré / Unione Domestica Registrata. It is not known if civil partnership in the UK will be recognised as an equivalent to a same-sex civil union in Switzerland.

United States of America

Against legal recognition of same-sex couples

The US Defense of Marriage Act (1996) permits each state within the union to refuse to recognise same-sex marriages from other states, and prohibits the federal recognition of same-sex marriage.

Seventeen states in the US have constitutional amendments that broadly prohibit any state recognition of any legal rights for same-sex couples that are equivalent to the legal rights of marriage, even those privately arranged by written contract. For example, Virginia prohibits all "other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage" and declares "void and unenforceable in Virginia" any civil unions or "other arrangements" made in any other state "and any contractual rights created thereby". The states which may refuse to recognise any legal documents granting privileges equivalent to marriage, such as next of kin or a medical power of attorney, are: Alabama, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Michigan, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia West Virginia, and Wisconsin.

Two states in the US, and one US Territory, have constitutional amendments that prohibit recognition of same-sex marriage and civil unions: South Dakota, Nebraska, and Puerto Rico.

Eighteen states in the US that ban only recognition of same-sex marriage but do not have civil unions: Alaska, Arizona, Colorado, Delaware, Florida, Idaho, Illinois, Indiana, Iowa, Maryland, Minnesota, Mississippi, Missouri, Montana, Nevada, Pennsylvania, Tennessee, Wyoming.

Seven states in the US that ban recognition of same-sex marriage but allow same-sex civil unions or domestic partnerships (details below): Hawaii, Maine, New Jersey, New Hampshire, Oregon, Vermont and Washington.

States which currently neither ban nor recognise same-sex legal unions: Rhode Island, New Mexico.

For legal recognition of same-sex couples

California recognises same-sex domestic partnerships (2005). A same-sex domestic partnership registered in California will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004. Between May and November 2008, same-sex couples could legally marry in California: a proposition to ban marriage for same-sex couples was voted on in the November elections and narrowly passed, but all marriages performed in California valid at the time they were performed continue to be recognised.

Connecticut recognises same-sex civil unions (2005). A same-sex civil union registered in Connecticut will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004.

The District of Columbia recognises same-sex domestic partnerships (2002). Domestic partnerships in the District of Columbia are not listed in the Civil Partnership Act 2004, and would probably not be recognised by the UK as an equivalent to civil partnership in the UK.

Hawaii recognises a form of civil union: reciprocal beneficiaries (1997), open to same-sex and to mixed-sex couples. Reciprocal beneficiaries are not listed in the Civil Partnership Act 2004 and would probably not be recognised by the UK as an equivalent to civil partnership in the UK.

Maine recognises same-sex civil unions as domestic partnerships (2004). A domestic partnership registered in Maine will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in Schedule 20 of the Civil Partnership Act 2004.

Massachusetts: Civil marriage in Massachusetts is open to same-sex and mixed-sex couples (2004). If a mixed-sex couple marry in Massachusetts, it is recognised in the UK as a marriage: if a same-sex couple marry in Massachusetts, it will be recognised in the UK as a civil partnership.

New Jersey recognises same-sex civil unions as domestic partnerships (2004). A domestic partnership registered in New Jersey will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in Schedule 20 of the Civil Partnership Act 2004. Civil unions legally equivalent to marriage within the state of New Jersey became law on 19th February 2007, and will be recognised in the UK as a civil partnership.

New Hampshire recognises same-sex civil unions (2007) providing state benefits equivalent to marriage. Couples can register a civil union in New Hampshire from 1st January 2008. A same-sex civil union registered in New Hampshire should be recognised by the UK as equivalent to a civil partnership in the UK.

New Mexico The letter of the law in New Mexico requires the state to recognise all marriages legal where contracted.

New York Civil marriage in New York is open to same-sex and mixed-sex couples (2010). If a mixed-sex couple marry in New York, it is recognised in the UK as a marriage: if a same-sex couple marry in New York, it will be recognised in the UK as a civil partnership.

Oregon’s state senate passed legislation to allow same-sex civil unions (2005) but the bill was killed by the Speaker of the Oregon House within the month. The Family Fairness Act 2007 recognised domestic partnerships for same-sex couples and became law on 1st February 2008. Within the state of Oregon, the Coquille Indian Tribe has lifted the ban on marriage for same-sex couples on tribal land where at least one spouse is an enrolled member of the tribe (2009).

Rhode Island The letter of the law in Rhode Island requires the state to recognise all marriages legal where contracted.

Vermont Civil marriage in Vermont is open to same-sex and mixed-sex couples (2009). and recognised same-sex civil unions since 2000. A same-sex civil union registered in Vermont will be recognised by the UK as equivalent to a civil partnership in the UK: it is specifically listed in the Civil Partnership Act 2004. The ban on marriage for same-sex couples in Vermont was lifted on 1st September 2009.

Washington recognises registered domestic partnerships (2007) and recognises all same-sex marriages and civil unions legally performed elsewhere as registered domestic partnerships. It is unknown if a listing on the State Registered Domestic Partners Registry would be recognised by the UK as a civil partnership. Within the state of Washington, the Suquamish tribal authority has lifted the ban on marriage for same-sex couples on tribal land where at least one spouse is an enrolled member of the tribe (2011).

Uruguay

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. They will have rights similar to those granted to married couples on such matters as inheritance, pensions and child custody. It is not known if a same-sex civil union in Uruguay will be recognised by the UK as equivalent to a civil partnership in the UK.