Civil unions in Quebec

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Civil unions in Quebec are available in Quebec to both opposite-sex and same-sex couples, which attempts to create the same rights for the partners as a traditional marriage.

As a result of a range of activism and to the M. v. H. decision, the National Assembly of Quebec voted unanimously in 2002 to amend the Civil Code of Quebec to create a status of civil union in Quebec, available to both opposite-sex and same-sex couples and largely having the same rights as marriage. The law was enacted on June 24, 2002.[1]

A civil union is contracted into by same-sex or opposite-sex partners 18 years of age and older, who are not otherwise married, not in another civil union, or who are not closely related, following prescribed formalities similar to the regime of marriage. The civil union carries obligations and benefits equivalent to that of marriage including the obligation of support (CCQ art. 585) and the establishment of a family patrimony and family residence (CCQ art. 521.6) and may otherwise be modified by a contract (CCQ 521.8) similar to a pre-nuptial agreement and may agree to a particular property regime similar to available matrimonial regimes. It creates a family connection between the spouses and their relatives (CCQ art. 521.7).

Judicial conciliation is merited "when the spouses cannot agree on their rights and performance of their duties" (CCQ art. 521.9). Such union may be annulled within three years if irregularly contracted (CCQ arts. 521.10-521.11). A civil union ends at death of one of the partners or may be dissolved by judicial dissolution or by a 'transaction agreement' and 'joint declaration' before a civil law notary and recorded en minute if both partners consent and they settle all the consequences of the dissolution (CCQ arts. 521.13-521.16).

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Legal status of
same-sex unions

Marriage

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* Netherlands[i]
* New Zealand[ii]
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* Taiwan
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* United Kingdom[iii]
* United States[iv]
* Uruguay

Recognized

* Israel[v]
* United States:[iv]
* • American Samoa

Civil unions or registered partnerships but not marriage

* Bolivia
* Croatia
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* Latvia

* Lithuania
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* • Bermuda
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Minimal recognition

* Bulgaria[vi]
* Cambodia[vii]
* China[viii]
* • Hong Kong[ix]
* India[x]
* Japan[xi]

* Namibia[xii]
* Nepal
* Netherlands:[i]
* • Sint Maarten
* Poland[vi]
* Romania[vi][xiii]
* Slovakia[vi]

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See also

* Same-sex union legislation
* Same-sex union court cases
* Timeline of same-sex marriage
* Recognition of same-sex unions in Africa
* Recognition of same-sex unions in Asia
* Recognition of same-sex unions in Europe
* Recognition of same-sex unions in the Americas
* Recognition of same-sex unions in Oceania
* Marriage privatization
* Divorce of same-sex couples
* Domestic partnership
* Military policy
* Adoption
* Listings by country
* LGBTQ rights by country or territory

Notes

1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
3. ^ Neither performed nor recognized in six British Overseas Territories.
4. ^ a b Neither performed nor recognized in some tribal nations of the US. Recognized but not performed in several other tribal nations and American Samoa.
5. ^ Registered foreign marriages confer all marriage rights in Israel. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
6. ^ a b c d The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
8. ^ Guardianship agreements confer some limited legal benefits in China, including decisions about medical and personal care.
9. ^ Hong Kong provides inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
10. ^ Indian courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
11. ^ Most Japanese cities and prefectures issue partnership certificates, but they are not legally binding.
12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse provide residency rights in Namibia.
13. ^ Romania provides hospital visitation rights through a "legal representative" status.

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Judicial dissolution is merited when "the interests of the common children of the spouses are at stake" or where the parties cannot otherwise agree (CCQ art. 521.17 para. 1). Provisional orders of support, custody and access may be entered during the pendency of the dissolution action (CCQ art. 521.71 para. 2) and the court may, upon or after pronouncing dissolution decide maintenance, custody and education issues in the best interests of and with due regard to the rights of the children (CCQ art. 521.17, para. 3).

The act establishing the regime of civil union also modified rules creating filiation for biological children of one of the partners, and for adopted children as well as the recognition of parental authority and child support obligations so they will apply to civil union couples as well as married couples.

In March 2004, Quebec same-sex couples won the right to marry. Today, couples (both opposite- and same-sex) can choose between civil marriage and civil unions.

## See also

[edit]

* LGBT rights in Canada

## References

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1. ^ Civil Code of Quebec - Book 2: 'The Family', Title One.1, arts. 521.1 to 521.19

## External links

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* Article on M v. H. (1999)
* Text of Supreme Court decision in M. v. H.
* Civil Unions (Government of Quebec)
* Text of Book 2 of the Civil Code of Quebec (scroll down for arts. 521.1-521.19)

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