We are in the 21st century, but there are still just a few countries that offer the possibility of same-sex marriage or registered partnership. For such couples, a spark of hope has been lit in some American and European countries e.g. Germany, Norway, Great Britain, Denmark, and Netherlands that already offer such a possibility. We can but hope that other countries will follow such an example.

We think that this issue is connected to the topic of this site, so we've decided to outline the situation as it is in Netherlands by the document: "Q~A Marriage between two men or two women", which is available on the pages of Ministry Of Foreign Affairs of the Kingdom of the Netherlands.

Yaoi.sk Team

Yes, the Same-Sex Marriage Act, which came into force on 1 April 2001, allows partners of the same sex to enter into a civil marriage.

Under the Same-Sex Marriage Act, same-sex couples have similar rights and obligations to couples of different sexes. The conditions, procedures and consequences of marriage are the same. However, different rules apply to the relationship between couples and their children, and recognition of their marriage abroad (see Q 8 and Q 12).

Couples who are legally eligible to marry but choose not to do so may enter into a registered partnership. Like civil marriage, registered partnership is a legally binding contract which is recorded at a registry of births, deaths and marriages. The conditions for entering into a marriage or a registered partnership are similar. This type of partnership was introduced in the Netherlands in 1998.

A cohabitation agreement sets out the rights and obligations a couple choose for themselves. Unlike marriage or registered partnership, a cohabitation agreement only has legal consequences for the contracting parties.

Informal cohabitation also has certain consequences, for instance for the partners' tax payments and social security benefits.

Civil marriage and registered partnership are equal in many ways. In both cases, rights and obligations are mainly laid down by law. For example, under both contracts, couples are automatically responsible for the upkeep of their children. There are, however, some slight differences.

No. The Same-Sex Marriage Act means that either couples of the same or different sexes can choose between civil marriage and registered partnership.

Yes, and a marriage can also be converted into a registered partnership. In both cases, a registrar of births, deaths and marriages draws up a deed of conversion, which is entered in either the register of births, deaths and marriages (if a registered partnership is converted into a marriage) or the register of partnerships (if a marriage is converted into a registered partnership). The conversion is also recorded on the marriage certificate or partnership contract. Conversion can only be effected in a municipality in which one of the partners is resident. It does not alter existing rights and obligations, for example regarding parental responsibility or property regimes.

Yes, and a marriage entered into abroad may also be converted into a registered partnership, provided the relevant conditions are met. The marriage or partnership contract must be recognised in the Netherlands. At present, however, Dutch law contains no provisions governing Dutch recognition of partnerships registered under the law of another country. A bill currently before Parliament will regulate the implications of registered partnerships with an international dimension, under private international law. It includes provisions on recognition.

Converting a registered partnership into a marriage does not alter existing rights and obligations. Take the following example. A couple who are registered partners are bringing up a child for which they have joint parental responsibility. Nothing changes if they convert their partnership into a marriage. Nor does it affect their property regime, provided both partners are Dutch nationals and reside in the Netherlands. If this is not the case, conversion can lead to a change in the law applicable to their property regime. They may find, for instance, that the arrangements they made in a pre-partnership agreement no longer apply, and that they are married in general community of property. It is therefore advisable for couples who are not both Dutch nationals or resident in the Netherlands to ask a notary about the law applicable to their property regime, and whether they need a pre-nuptial agreement.

Some European countries have introduced registered partnership, but the Netherlands is the only country in the world that allows same-sex couples to marry. Same-sex married couples or registered partners must therefore realise that other countries will not necessarily accept their marriage/partnership and its consequences.

Apart from practical and possibly social problems, they may also encounter legal problems, for instance in relation to rights of inheritance. However, even countries that do not recognise same-sex marriage may, for instance, recognise the property law aspects of the relationship. It is therefore important to get legal advice. The Dutch embassy or consulate will usually be able to say which agency to contact.

No. Same-sex couples cannot marry or enter into a registered partnership in the Netherlands Antilles or Aruba.

Yes. If at least one partner is either a Dutch national or resident in the Netherlands, Dutch law applies. In other words, they can get married if they are allowed to do so under Dutch law. Whether the law of the country of which the non-Dutch partner is a national recognises same-sex marriage is irrelevant.

Yes, provided their partner lives in the Netherlands or is a Dutch national.
The following rules apply:

A husband and wife are the legal parents of any children born of their marriage. The biological mother is the legal mother, and her husband the legal father. Marriage creates family-law ties between a married couple and their children, which entail rights and obligations. Likewise, a couple who are registered partners are automatically the legal parents of any children born to them, provided the father acknowledges paternity prior to their birth. A child's biological father is its legal parent, provided he acknowledges paternity before the birth, regardless of whether he and the child's mother cohabit or have a formal relationship.

The situation is different if the mother is married to or the registered partner of another woman. In this case, the law does not automatically regard both partners as the parents of the child. Only the biological mother is automatically its parent. Her partner must adopt the child to become its legal parent (see Q 13.). A marriage between two women therefore has no consequences for the relationship between the birth mother's partner and the child. The same applies to two men bringing up a child of whom one is the father. If they marry, the marriage as such has no consequences for the relationship between the father's partner and the child.

By law, a husband and wife automatically share parental responsibility for any children born of their marriage. Since 1 January 2002, both partners automatically bear parental responsibility for any children born during:

When the Same-Sex Marriage Act entered into force, the rules on adoption contained in the Civil Code were amended. Same-sex partners may adopt a child provided its habitual country of residence is the Netherlands. Few children whose parents are alive are put up for adoption outside their family. Mostly, adoption is by the partner of a child’s parent. In such cases, the couple must have lived together for at least three years, and shared responsibility for the child’s upbringing for at least one year.

Same-sex couples may not adopt a child abroad, although Dutch legislation allows single parents to do so. Once the child is in the Netherlands, that person’s partner may adopt it. The child's country of origin always asks for a report on the applicant's family situation, and thus on his or her partner. The laws of some countries preclude adoption by homosexuals.

Yes. Since 1 January 2002, two women who are married or registered partners automatically share joint responsibility for children born during their marriage or partnership, provided the biological father does not acknowledge paternity prior to the child's birth (see Q.4).

Joint responsibility is also possible in other cases. The courts may grant a married couple joint responsibility for a child provided that the partner of the biological parent has a close relationship with the child and has shared the responsibility for its upbringing for at least a year. The biological parent must have had sole parental responsibility for the child for at least three years.

In some cases, the parent's partner may not wish to adopt the child and thereby sever the child's ties with its other biological parent. Instead, the couple may apply for joint parental responsibility, which gives the partner the same rights and obligations towards the child as those borne by the parent or parents. The partner is responsible for every aspect of the child's care and upbringing. The child's surname may also be changed.

Dutch legislation has allowed same-sex marriage under civil law since 1 April 2001.
It gives same-sex couples practically the same rights as couples of different sexes,
except as regards their legal relationship to their children and recognition of their
marriage abroad. Moreover, at least one partner must be a Dutch national or resident
in the Netherlands. This booklet answers a number of frequently asked questions regarding
the Same-Sex Marriage Act.

This booklet was produced in 2003 in cooperation with the Ministry of the Interior and
Kingdom Relations and the Ministry of Justice. It is available in Dutch, English, French,
Spanish and Italian. Copies can be obtained from your local Dutch embassy or consulate
or from the following address: