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Same-sex couples have the same marriage, legal, adoption and inheritance rights as couples in traditional union. Find out how to plan a gay wedding in Spain...
Same-sex
marriages were made legal in Spain in June 2005 - a civil marriage in Spain
allows homosexual couples the same legal and adoption and inheritance rights as
heterosexual couples.
Who May Get Married in Spain
Initially,
it was declared that Spanish citizens may only marry a partner from a country
where gay marriage has been legalised. However that was amended and the current
ruling is:
- A Spanish
citizen may marry a non-Spaniard regardless of whether that person's
homeland recognises the partnership; same-sex marriage is permitted
provided one of the couple is a Spanish citizen
- Or, two
non-Spaniards may marry if they both have legal residence in Spain
With
regards to gay marriage, Spanish law now states that: "Marriage will have
the same requirements and results when the two people entering into the
contract are of the same sex or of different sexes."
Note: A
legal gay marriage in Spain may not be recognised in a country that does not
accept gay marriage.
More information
The Spanish Government website has
full details of the laws on same-sex marriage (in Spanish)
For
an updated list of countries authorising same sex legal relations, and their
standings see websites:
How to Get Married in Spain
As
with a traditional union, one of the same-sex partners must be a Spanish
resident, having been legally resident in Spain for at least two years and registered
with the municipality.
Application
for a marriage licence can be made at the Civil Registry (Registro
Civil), District Court (Juzgado) or,
in some cases, the Town Hall in the place where the marriage is to be held.
- Click here to
find your nearest Civil Registry
It is
essential to consult the local authority (Civil Registry, District Court or
Town Hall) with jurisdiction over where the marriage is to be held to find out
precisely what documentation will be required. It varies greatly with some
provinces being stricter than others regarding the laws of residency.
The
following documents are required (additional documents may be required)
- Current valid
passport and copies (for non-Spanish applicants)
- Original birth
certificates, with sworn Spanish translation if that is not the original
language (traduccion
jurada)
- Proof of being
free to marry (Certificado
de Capacidad Matrimonial). Provide marriage and divorce,
annulment or death certificates of any prior marriage, a Consular office
may be able to help with this)
- Proof of
Spanish residency (residence
card)
- Certificate of
residence (Certificado
de Empadronamiento), proving residence in Spain of at least
two years (available from the Town Hall)
Note: All
foreign documents that are not in Spanish should be translated by an official
translator who marks them with an official seal. Translated documentation
should ideally not be more than three months old.
The marriage
A
civil marriage is held in the courts, or the Town Hall of residence of one of
the couple. It is conducted by the Mayor or a delegated Councillor.
The
marriage is effective immediately following the ceremony. After the wedding, it
is registered in the Civil Registry and a certificate (Inscripción
de Matrimonio) stating the date, time and place of the marriage is issued.
Adoption and Natural Birth
Same
sex couples have the same rights as heterosexual couples to adoption and to
assisted reproduction: children born within a lesbian marriage by in vitro
fertilisation treatment may be legally recognised by the non-biological mother.
Civil Unions/Partnerships in Spain
In
addition to marriage for gay couples, most of Spain's autonomous communities
recognise and provide for civil unions and registered cohabitation between
same-sex people. This allows for kinship, inheritance, and property rights.