Domestic partnership in Tasmania: Wikis

  

Note: Many of our articles have direct quotes from sources you can cite, within the Wikipedia article! This article doesn't yet, but we're working on it! See more info or our list of citable articles.

Encyclopedia

From Wikipedia, the free encyclopedia

Legal recognition of
same-sex couples
Same-sex marriage

Belgium
Canada
Netherlands
Norway

South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: DF*
United States: CT, DC*, IA, MA, NH, VT, Coquille

Recognized, not performed

Israel
United States: CA (conditional), NY

Civil unions and
registered partnerships

Andorra
Austria
Colombia
Czech Republic
Denmark
Ecuador
Finland
France
Germany
Greenland

Hungary
Iceland
Luxembourg
New Caledonia
New Zealand
Slovenia
Switzerland
Wallis and Futuna
United Kingdom
Uruguay

Performed in some jurisdictions

Argentina: BA, RC, RN, VCP
Australia: ACT, TAS, VIC
Mexico: COA
United States: CA, CO, HI, ME, NJ, NV, OR, WA, WI
Venezuela: ME

Recognized, not performed

Isle of Man (UK only)

Unregistered co-habitation

Argentina
Australia
Brazil

Croatia
Israel
Portugal

In some regions

United States: MD, RI

Status in other jurisdictions

Albania
Aruba
Bolivia
Bulgaria
Burundi
Cambodia
Chile
China (PRC)
ROC (Taiwan)
Congo (DRC)
Costa Rica
Cuba
Dominican Republic
El Salvador
Estonia
European Union
Faroe Islands
Greece
Honduras
India
Ireland
Italy
Jamaica
Japan
Jersey

Kosovo
Latvia
Liechtenstein
Lithuania
Malta
Moldova
Montenegro
Nepal
Netherlands Antilles
Nigeria
Panama
Paraguay
Philippines
Poland
Romania
Russia
Serbia
Slovakia
Singapore
South Korea
Uganda
Ukraine
Venezuela
Vietnam

United States: AL, AS, AZ, DE, FL, GU, IL, LA, ME, MI, MN, MT, NM, NC, OH, PA, PR, RI, SC, UT, WV, WY, Native Americans

Notes

*DC (subject to Congressional review) and Mexico City same-sex marriage laws are effective from 1 March and 4 March 2010, respectively.

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Civil union
Domestic partnership
Registered partnership
Civil partnership
Listings by country

LGBT portal

Tasmania's Relationships Act 2003 provided for registration and recognition of a type of registered partnership in two distinct categories: Significant Relationships and Caring Relationships. The same Act also amended 73 pieces of legislation to provide registered partners with nearly all of the rights offered to married couples within the state. Furthermore, since July 2009, these relationships are recognised at federal level, providing couples with almost all of the federal rights and benefits of marriage. The legislation came into effect on 1 January 2004.

Contents

Significant relationships

Both same-sex and mixed-sex couples can register a Significant Relationship if both are unrelated, unmarried adults living in Tasmania.

Caring relationships

Likewise, two adults residing in Tasmania, related or not, can register a Caring Relationship if one provides the other with domestic support and personal care. The parties cannot be married to each other, cannot be in an existing significant or caring relationship, and neither can be receiving payment for the care of the other either from employment or government departments.

Rights and benefits

Both types of relationships provide some rights in the following areas:[1]

  • Superannuation (pension/retirement benefits)
  • Taxation
  • Insurance
  • Health Care
  • Hospital Visitation
  • Wills
  • Property Division
  • Employment Conditions (such as parenting and bereavement leave)

Adoption and parenting rights

Same-sex couples cannot be assessed to be adoptive parents of children relinquished by other people (the full joint adoption process) the only law that discriminates against same sex couples in Tasmania. However, they may adopt their partner's child or children they already care for in some circumstances.[2]

Under the Status of Children Act 1974 (section 10C) [1] same-sex partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology will be presumed to be the child's other parent or co-mother in the same way as male partners of heterosexual women (the law has been back-dated to 1.1.2004 when the Relationships Act 2003 [2] commenced). Lesbian co-mothers who went under IVF can have both female names on the birth cirtificate so they can access the same rights and duties for their children (such as medical or hospital forms, education processes, access to entitlements, etc). The legislation on parentage from IVF is retrospective (meaning the laws apply for co-mothers even before the law went into effect) as it is currently in the WA, NT, ACT, NSW, VIC and the Commonwealth.

Also under the Adoption Act 1988 (section 29) [3] for a birth-mother's same-sex partner to adopt any children she has through fertility treatment under the stepchild adoption provision.[2]

QLD is still debating the parentage law issue and the debate/vote on the Surrogacy Bill 2009 [4] will be in April 2010. South Australia is the only place in Australia to have a legal ban on both single women and lesbians from full safe IVF access due to the legislation called the Reproductive Technology (Clinical Practices) Act 1988 [5].

Recognition from other jurisdictions of Australia

Partnerships that are registered in Tasmania are not automatically recognised in most parts of Australia when travelling or moving interstate. Since being elected in 2007, Prime Minister Kevin Rudd has been encouraging all states to create relationship registers identical to Tasmania's model in order to create nationwide uniformity and consistent rights, while at the same time not supporting anything that appears too similar to marriage. The following jurisdictions currently recognise Tasmanian registered partnerships since 2008:

The Australian Commonwealth Government also recognises a Tasmanian registered partnership as a "de facto relationship" under federal law. De facto couples, whether same-sex or opposite-sex, are entitled to nearly all of the federal rights of marriage since 1 July 2009.

Foreign recognition

Most countries or jurisdictions which have enacted their own form of civil unions or domestic partnerships will automatically recognise couples registered in Tasmania as having the same rights as married couples when they enter their country.

Registration

Applications for Significant or Caring Relationships can be registered in person or by mail by filing an application for a Deed of Relationship with the Tasmanian Registry of Births, Deaths and Marriages in Hobart. As of July 2007, the registration fee was AUS$137.50.[3]

See also

References

  1. ^ ""Relationships Act: The Tasmanian Approach"</". Partners Task Force for Gay and Lesbian Couples. 2006-04-03. http://www.buddybuddy.com/d-p-taz.html. Retrieved 2007-07-25.  
  2. ^ a b http://www.relationshipstasmania.org.au/parentingrights.html Relationships Tasmania
  3. ^ "Births, Deaths, and Marriages: Relationships". Tasmanian Registry of Births, Deaths and Marriages, Department of Justice. http://www.justice.tas.gov.au/bdm/relationships. Retrieved 2007-07-28.  

External links








Got something to say? Make a comment.
Your name
Your email address
Message