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Finland : Same Sex Partnership
Bill draft, 1996
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Texts/ Finland
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The Bill was handed to the Parliament on the 28th of May
and the debate on it took place on the 5th of June. Next
step will be taken in the Committee of Law, which has to decide
if it is taken into handling.
[explanatory part]
ACT ON THE SAME SEX PARTNERSHIP
According to the decision of the Parliament it is stipulated that
1. Prerequisites of a partnership
Two persons of the same sex (parties of the partnership) may
have their partnership recognized according to what the law stipulates.
Before the act of recognition, it shall be established that there is no
legal objection to the recognition, as set forth in the Marriage Act (234/29).
What is prescribed on how it is established that there is no legal objection
to a marriage, shall apply to partnerships. A person of under 18 years
of age must not enter a partnership. The Minister of Justice, however,
may grant a person of under 18 years of age the permission to recognize
a partnership. Before the decision is made, a chance to be heard shall
be provided to the guardian of the person seeking the permission,
if the guardian's domicile can be located with a reasonable effort.
2. Procedure of recognizing a partnership
The partnership shall be serviced by an authority entitled to service civil
marriages in the attendance of relatives or other witnesses. In the
procedure, the parties of the partnership shall be simultaneously present.
Further regulations on the procedure shall be stipulated in a decree.
3. Dissolution of a partnership
A partnership is dissolved when one of its parties dies or is declared
legally dead. The parties of a partnership are entitled to have the
partnership dissolved after a period of reconsideration according to
what is prescribed in the Marriage Act (324/29).
The parties of a partnership have, however, the right to dissolve the
partnership without any reconsideration period if they have
uninterruptedly lived in separation for the preceding two years. In
cases to dissolve a partnership contacted under this Act, only Finnish
courts of jurisprudence are competent authorities. Otherwise, what has
been stipulated on divorce, shall apply.
4. Legal effects of a partnership
The recognition of a partnership has the same legal effect as
contracting marriage. Prescriptions on marriages and spouses shall apply
to the recognized partnership if it has not been otherwise
stipulated. As regards application of the Act on adoption and
prescriptions by virtue of it, parties of a partnership are not regarded
as legal spouses.
What is prescribed in the Marriage Act on wedding shall not apply to the
recognization of a partnership.
5. Coming into force
This Act shall be enacted on this ...... day of ........month 199_.
Translation:
Mr Mika Vepsalainen