Civil union in Portugal
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De facto unions in Portugal (União de facto) were introduced for opposite-sex couples in 1 July 1999 and extended to same-sex couples by the act of 15 March 2001.
The current legislation extends to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years. The law covers housing arrangements, civil servants and work benefits, the option to choose a fiscal regime as married partners, and welfare benefits. Nevertheless, only opposite-sex de facto partners (and married couples) can adopt children together.
There is no registration on the process. Rights can be claimed after a couple lives together for two years. An application of joint tax assessment can be made to prove the union but it is not required.
Also in 15 March 2001, a new multi-person law ("common economy") was also approved that protects two or more persons that live in common economy with most of the rights of the de facto union, except welfare benefits.
Since December 2006, same sex couples (and opposite sex couples) living in a de facto union are also recognized in the same way as married couples for citizenship applications and when a public servant wants to extend healthcare protection to the partner.
Since 2007, a new Penal Code recognizes same-sex couples regarding; domestic violence, murder of partner, an equal and uniform age of consent at 14, refusal do testify in court against the partner and in all other situations where married couples are referred in the code.
Prime Minister José Sócrates stated on 21 January 2009 that, if re-elected in the September 2009 elections, he plans to introduce a bill to allow same-sex couples the right to marry. While the bill does not contemplate adoption, most LGBT organizations in Portugal support the measure as an important step towards equality.[1]
In March 2009, Jorge Lacão, the Secretary of State for the Presidency of the Council of Ministers, confirmed that the Socialist government intends to legalise same-sex marriage if re-elected in 2009.[2]
Manuela Ferreira Leite, the leader of the conservative Social Democratic Party, has expressed her disapproval on the recognition of same-sex marriage.[3]
In July 2009, the Portuguese assembly, with support of all the parties on the left, approved to extend certain rights enjoyed by married couples, including inheritance rights, to couples in a de facto union.[4] On 24 August 2009, President Cavaco Silva overturned these alterations with his 12th veto of his presidency[5].
In 17th December of 2009, the Portuguese Government finally approved the marriage between same sex couples. The minister's council voted for the the approval of the purpose, which was one of the top issues for this government. The changes will start in January 2010, time for the introduction on new articles in Portuguese Law. On the other hand, the adoption was an issue that the government didn't want to discuss nor either, showed intention to, until the end of this government mandate. [6]
[edit] See also
[edit] References
- ^ [1]
- ^ Casamentos na próxima legislatura
- ^ Manuela Ferreira Leite admite discriminar casais Gay, in Diário de Notícias
- ^ [2]
- ^ [3]
- ^ [4]
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