Same-sex marriage in Belgium
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- Same-sex marriage in Belgium - Wikipedia!
As the first same-sex marriage in the Netherlands was performed on 1 April , the Belgian Government, mostly under the lead of Minister of Health Magda Aelvoet Agalev , began considering it as well. On 30 November , however, the Council of State gave a negative legal opinion on the bill, saying that "marriage is defined as the union of a man and a woman". As Minister Aelvoet resigned on 28 August and elections were to be held in June , the fate of the bill was unclear. Some politicians also accused Philippe Monfils MR of deliberately stalling the bill.
The Senate Justice Committee held hearings and voted 11—4 to approve the bill. It passed in the full Senate on 28 November , with 46 votes to 15 and 4 abstentions , and on 30 January the bill passed the Chamber of Representatives by 91 votes to 22 and 9 abstentions. The first female couple married on 6 June and the first male couple on 13 June , both in Kapellen near Antwerp.
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In November , opponents of same-sex marriage petitioned the Arbitration Court to invalidate the law as unconstitutional. Their main argument held that treating fundamentally different situations the same way violates the equality principle of the Constitution. Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions. A circulaire by Minister of Justice Laurette Onkelinx PS of 23 January , however, permits any couple to marry in Belgium if at least one of the spouses has lived in the country for a minimum of three months.
This was codified into the Code of Private International Law, [b] which took effect on 1 October The same-sex marriage law did not permit adoption by same-sex partners , and as birth within a same-sex marriage did not imply affiliation, the same-sex spouse of the biological parent had no way to become the legal parent. A proposal to permit adoption was approved 77—62 with 7 abstentions by the Chamber of Representatives on 1 December , [22] [23] and 34—33 with 2 abstentions by the Senate on 20 April A legal inequality compared to heterosexual couples still existed with regards to children: the husband of the biological mother is automatically legally recognised as the father by article of the Civil Code , but this was not the case in a same-sex couple for the wife of the mother.
To be recognised as the co-mother, she had to complete an adoption procedure. This accounted for the large majority of adoption cases in Belgium. The Di Rupo Government promised to fix this, and in , as the Netherlands had recently passed similar legislation, LGBT organisations pressured the government about their promise.
Subsequently, legislators worked to agree on a solution. The bill received royal assent on 5 May and went into effect on 1 January Since this change, female same-sex couples are treated equally to heterosexual couples: the co-mother married to the mother is automatically recognised as a parent, and an unmarried partner can formally recognise the child at the civil registry.
An equivalent solution for male same-sex couples has not been agreed upon, due to the controversy surrounding surrogacy. According to the Belgian Official Journal , approximately same-sex couples were married between June and April in and 55 in This constituted 1.
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Two-thirds of the couples were male and one-third female. On 22 July , the Belgian Government announced that a total of 2, same-sex marriages had taken place in the country since the extension of marriage rights two years earlier. The odd numbers are due to the fact that certain partners are not being officially inscribed in the National Register or are the result of an incorrect registration. When comparing per region: [2]. Consequently, the share of same-sex marriages among all marriages also differs from region to region.
In , almost 3. The province with the lowest rate is Walloon Brabant 1. From Wikipedia, the free encyclopedia. Legal status of same-sex unions. Civil unions and registered partnerships. Common-law marriage.