Facts about civil unions
Many of you will have wondered about civil unions and certain legal aspects not to be overlooked. In fact, the Italian law on civil unions was only passed in May 2016, and many people are still unclear on how the legislation works in this area.
Here are 6 facts about civil unions you didn't know
Differences between civil union, marriage and cohabitation
Article 29 of the Italian Constitution defines marriage as "based on the moral and legal equality of the spouses". Marriage is permitted only between persons of the opposite sex. A civil union is not a marriage; it is considered a "specific social formation" made up of persons of the same sex. Cohabitation involves two adults in a stable relationship bound by emotional ties and mutual moral and material support, not linked by kinship, marriage, civil union, etc…
Duty of fidelity
I know, I know, it's a thorny subject, and it may seem strange, but unlike marriage, civil unions carry no duty of fidelity.
Children
The difference between marriage and civil union lies (sadly) in the fact that those joined in a civil union cannot adopt a child or turn to assisted reproduction. Unlike in marriage, children born during a civil union are considered by law to be the children of the biological parent only. As for cohabiting couples, the law does not allow them to adopt, unless they have lived together for at least three years and are committed to marrying.
The surname
In couples joined in marriage the wife keeps her maiden name, although the words "married to" can be added on official documents. As for civil unions, the partners must submit a declaration stating their decision to take a common surname. They can freely choose which of the two to use. Cohabiting partners each keep their own surname.
What about a blessing?
According to the latest news from a statement issued by the Vatican press office, blessing a civil union between homosexual couples is illicit. Read more on this in The Pope does not bless gay unions, even stable ones
Objections
The marriage ceremony follows a precise formula with set steps, one of which is the publication of the banns.
Unlike marriage, a civil union has no banns, so there can be no objections of the kind provided for in marriage.
Divorce and separation
Let's face it, things don't always work out, and anyone can get it wrong. Unlike married couples, partners in a civil union don't have to observe a separation period, but can proceed directly to divorce.
Frequently asked questions
What is a civil union in Italy?
It is the legal institution which, since 2016 (Law no. 76, known as the "Cirinnà law"), recognises same-sex couples, with rights and duties similar to those of marriage.
Where is a civil union registered?
Before the civil registrar of the chosen municipality, in the presence of two witnesses. Timings and documents should be checked with the municipality.
Can you celebrate a civil union like a wedding?
Of course: ceremony, reception, photographer and album. The photographic story is the same as for a wedding.
