The civil unions bill approved
Thursday in the Italian Senate, and now before the House, sets
forth opportunities and responsibilities for both same-sex and
heterosexual couples who wish to contract a civil union.
Following is an overview of what the new law contains:
CONTRACTING A CIVIL UNION: As with civil marriage, a civil union
must be contracted before a civil registrar in the presence of
two witnesses, and is registered in the state's civil records
archive.
SURNAME: The couple can use one of the partners' surnames as a
common surname, and the other partner can choose to put their
own surname before or after the common surname.
RECIPROCAL OBLIGATIONS: The union calls for "reciprocal
obligation to provide moral and material assistance and
cohabitation" but not the obligation of faithfulness, as in
marriage, and requires "contribution to common needs" based on
individual capacity and circumstances.
FAMILY LIFE: The couple must choose a family address and a
common residence.
PROPERTY REGIME: The default property regime is community
property, unless otherwise decided upon by the couple.
RETIREMENT, INHERITANCE AND SEVERANCE PAY: Survivor's benefits
and severance pay go to the partner, not the deceased partner's
child or children. For inheritance, the same laws apply here as
for marriage: 50% goes to the surviving partner, and the rest to
any surviving children.
DISSOLUTION: Here the 1970 divorce laws apply "as far as they
are compatible", but there is no mandatory separation period as
with dissolution of marriage.
ADOPTIONS: A proposal for so-called stepchild adoption was
stricken from the final bill voted into law, but a
maxi-amendment included text that adoptions are governed under
"current laws", effectively giving individual Courts the ability
to decide whether or not to allow adoptions in individual cases.
DE FACTO COHABITATION: Establishes as a de facto relationship
one that contains "two adults united in an ongoing emotional
relationship with reciprocal moral and material assistance,
without being related by blood, affinity or adoption, by
marriage or another civil union".
ASSISTANCE IN HOSPITAL AND PRISON: The partners have the same
rights as spouses in terms of assistance for a hospitalised or
incarcerated partner.
ORGAN DONATION: The partners can delegate health decisions to
the other in cases of incapacitation, and decisions related to
organ donations and funeral arrangements in the case of death.
HOME: In the case of death, the surviving partner has the right
to take over the rent contract for the joint residence. If the
deceased partner was the homeowner, the surviving partner has
the right to continue to live there for two to five years,
depending on the length of the cohabitation.
SUPPORT PAYMENTS: In the case of dissolution of the
cohabitation, "a judge establishes the right of the partner to
receive from the other partner support payments if the partner
is in need and unable to provide for oneself" and the amount is
dependent upon the length of the cohabitation.
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