Homosexuality - Registered Partnership

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Homosexuality - Registered Partnership
Homosexuality - Registered Partnership
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Homosexuality: Registered partnership

The situation regarding homosexuality has not only developed socially, but also politically and legally. Same-sex couples in Austria have been able to enter into a Registered Partnership (EP) since 2010. In doing so, they enter into a partnership that is practically equivalent to marriage, with special rights and obligations…

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  • Who can enter into a registered partnership?
  • ">Difference: marriage & registered partnership

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  • Health and pension insurance
  • Name change
  • Documents required for the EP
  • Whom can I ask?
  • How are the costs going to be covered?

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Who can enter into a registered partnership?

In order to be able to enter into a registered partnership (EP), both persons must meet certain requirements. These include:

Only people of the same sex can enter an EP. For transgender people, the legal gender at the time of EP closure applies

  • A homosexual orientation of the two people is not a requirement. All that is required is that both people are of the same gender. In theory, two straight people can enter into an EP - just as a lesbian woman and a gay man can marry.
  • Both persons must be of legal age (Austrian citizens are of legal age at the age of 18).
  • Both persons must not be related to any other person in upright EP or marriage.
  • In the case of persons who are not fully legally competent, the consent of the legal representative (administrator) or the court is required.
  • No relationship in a straight line, no full or half-born siblings, no adoptive relationship.

Difference: marriage & registered partnership

Basically, the EP is very similar to a marriage. There are also some differences to the rights of heterosexual married couples, such as:

  • After entering into a partnership, the civil status “single” does not change to “married”, but to “living in a registered partnership”.
  • an EP is not divorced, but dissolved.

Note Some contracts provide for a notification requirement when changing central personal data. The employer must be informed of any name change. This person is obliged to pass the information on to the responsible social insurance agency and the tax office.

Health and pension insurance

The co-insurance of a registered partner in social security is possible in the same way as in marriage. Biological children of a registered partner can also be insured as long as they live permanently in the same household with the insured person.

Registered partners are treated the same as spouses in the survivor's pension. Therefore, under the same conditions as in the case of marriage, full entitlement to the widow's or widower's pension exists.

You can find more information on rights and obligations of the DP at:

  • www.help.gv.at
  • Pride Brochure: Registered Partnership

Name change

In principle, both partners keep their previous names. However, a name change can also be requested in the course of the EP closure or at a later date.

The following options exist in terms of naming law:

  • the surnames remain unchanged.
  • A name or part of a name (in the case of double names) becomes the common surname.
  • A common double name is determined as a surname from both names (max. Two parts).
  • One person makes a double name (max. Two parts) with the common chosen surname and his / her name

Documents required for the EP

Austrian partnership applicants:

  • Official photo ID (passport, driver's license, etc.)
  • Birth certificate
  • Proof of citizenship
  • if the main residence is abroad, proof of the main residence
  • possibly:

    - Proof of previous marriage / s and / or previous partnership / s: marriage certificates of all previous marriages and / or partnership documents of all previous partnerships

    - Proof of dissolution of previous marriage / s and / or partnerships through judgments / resolutions divorce, annulment, declaration of nullity, with confirmation of legal force

    - proof of dissolution of previous marriage (s) and / or partnership (s) through death: death certificate of the spouse and / or partner

Note The marriage and divorce certificates of all previous marriages and EPs must also be presented.

Non-Austrian partnership applicants must also submit:

  • current confirmation of the ability to set up a registered partnership
  • Proof of citizenship - valid passport

Note Foreign-language documents must be submitted in the original together with a translation made by a sworn judicial interpreter. Certification may also be required to recognize the documents.

Whom can I ask?

The application for the establishment of a registered partnership can be submitted to any registry office throughout Austria.

Information for Vienna at www.wien.gv.at

How are the costs going to be covered?

There are fees for registering the EP, which depend on the scope of the documents to be charged.

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