Italy's new civil unions law extends
to gays some of the same rights and protections that married
heterosexual couples currently enjoy. Following are the main
elements of the law:
CIVIL UNIONS: like marriages, they are entered into before a
public official in the presence of two witnesses. The union gets
recorded in the state civil registry.
SURNAMES: the partners can decide to take on each other's
surname or a combination of the two, in whichever order, for the
duration of the civil union.
MUTUAL OBLIGATIONS: the partners in a civil union have a duty to
live together under the same roof, and to give each other
material and moral support. Unlike in marriage, they are not
obligated to remain faithful. "Both parties must contribute to
the couple's common needs according to their assets and their
ability to work, either as a professional or a homemaker".
FAMILY LIFE: "The parties jointly decide on a way of life and a
common residence, with each party having the right to enact what
was agreed upon of common accord". This refers to issues such as
where to live and where to send children to school.
ASSETS: all property and assets in a civil union are held in
common, unless the partners decide otherwise.
PENSIONS, SEVERANCE, INHERITANCE: a deceased partner's pension
and severance pay revert to the surviving partner in a civil
union. Inheritance rules are the same as for married couples,
i.e. the surviving partner gets 50% of the couple's assets and
the remainder goes to any children.
DISSOLUTION OF CIVIL UNIONS: a 1970 divorce law applies, but
without a mandatory trial separation period.
ADOPTIONS: The law explicitly bans one of the two kinds of
adoption allowed in Italy. So-called legitimizing adoptions make
the adoptee a full member of the adopting family, including the
extended family, and cuts off legal ties with the family of
origin; non-legitimizing adoption does not cut off legal ties
and obligations to the family of origin. In both cases, the
adopted person can inherit from their adoptive family. The new
civil unions law explicitly forbids partners in a civil union
from entering into legitimizing adoptions. However, it also says
"current adoption norms remain applicable". Some analysts say
this will allow family courts leeway to allow stepchild
adoptions on a case-by-case basis.
COMMON-LAW MARRIAGE: is defined as "two adults united in a
stable way by ties of affection and mutual moral and material
assistance, and who are not bound by parentage, affinity, or
adoption, nor by marriage or civil union".
ASSISTANCE IN HOSPITAL OR PRISON: common-law partners have the
same rights as married spouses to assist their jailed or
hospitalized partners.
ORGAN DONATION: each common-law partner can designate the other
to act in their stead in health matters - with either full or
limited powers - if illness makes them of unsound mind or in
case of death, in matters of organ donation, treatment of the
remains, and last rites.
HOME: if one of the partners dies, the other has the right to
take over the lease. If the deceased is the homeowner, the
surviving partner has the right to live in the home for two to
five years, depending on the length of the common-law marriage.
Being in a common-law marriage gives couples the right to sign
up for council housing.
ASSETS: partners in a common-law marriage can write up a
contract regulating their asset ownership, including joint
ownership.
ALIMONY: in case of separation, should one partner be left in a
state of need or inability to support him or herself, they have
a right to court-ordered alimony to be set based on the length
of time the common-law marriage lasted.
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