APPROVED FINNISH LEGISLATION ON SAME-SEX PARTNERSHIPS

 

Registered Partnership Act, as accepted in Finnish parliament (28^th September 2001, with votes 99-84). The law is expected to come into force in the beginning of March 2002 but the exact date has not been confirmed.

 

Chapter 1 Partnership registration (paragraphs 1-6)

* Partnership registration is open to two persons of the same sex, both of whom have to be 18 years old.  There is no requirement for specific sexual orientation.

* The legal objections to marriage such as being related by blood also apply to partnership registration.

* The partnership shall be serviced by an authority entitled to civil marriages.

 

Chapter 2 Dissolution of a registered partnership (paragraph 7)

* Dissolution of a registered partnership is to happen according to the provisions in the Marriage Act.

 

Chapter 3 Legal effects of partnership registration (paragraphs 8-9)

* The legal consequences of the registered partnership are the same as with marriage unless otherwise stated (8§).

* All provisions concerning married couples or spouses apply to registered partners unless otherwise stated (8§).

* The Act on Fatherhood and other provisions based only on the fact that spouses are of the specific sex do not apply to registered partners (9 §).

* The provisions enabling spouses to adopt in the Adoption Act do not apply to registered partners (9§), neither do the provisions of Names Act which enables married couples to take join family name.

 

Chapter 4 Paragraphs referring to international private law (paragraphs 10-15)

* Conditions of registration of partnership: at least one of the partners is a Finnish citizen and resident in Finland or both parties have resided in Finland during the preceding two years.

* Other nationality of a country where registered partnership is provided can be designated as a qualifying nationality for the purposes of registering a partnership in Finland.

* Registered partnership between members of the same sex is valid in Finland if it is valid in the country where the registration took place.

 

Chapter 5 Other provisions (paragraph 16)

* Coming into force provisions.

 

(PARENTHOOD LEGISLATION CURRENTLY IN FINLAND

 

The Act on Child Custody allows the custody of a child to be given to also other person(s) than parents. This can be done by court order if it is in the best interest of the child. Finnish courts to have given joint custody of a child to same sex couples even though one of the cohabitant is not a parent of the child. There is no legislation regulating access to assisted reproduction. Clinics give treatment also to lesbian couples or single women who have no partner.)

 

Unofficial summary and translation by Mr. Rainer Hiltunen

Master of Laws, secretary general, SETA-Finland

e-mail: rainer@seta.fi

tel. +358 9 68125820