Finland : Same Sex Partnership
Bill draft, 1996

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.