Legal Recognition of Same-Sex Relationships in Europe

In the last twenty years the legal recognition of same-sex relationships in Europe has undergone significant changes, both on a national and European level. By now, more than half of the Member States of the European Union have introduced legislation on the formalisation of same-sex relationships; most of them have provided for registered partnerships and some allow homosexual couples to enter into marriage. This book provides the reader with an updated overview of registration schemes and same-sex marriages in Europe. It also comments on the legal aspects of same-sex couples and their children, including surrogate motherhood, in different European jurisdictions and addresses cross-border and European issues.
Editor(s):
Katharina Boele-Woelki, Angelika Fuchs
Series:
European Family Law
Volume:
32
book | published | 2nd edition
April 2012 | xvi + 312 pp.

Paperback
€70.-


ISBN 9781780680453


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Details

In the last twenty years the legal recognition of same-sex relationships in Europe has undergone significant changes, both on a national and European level. By now, more than half of the Member States of the European Union have introduced legislation on the formalisation of same-sex relationships; most of them have provided for registered partnerships and some allow homosexual couples to enter into marriage. This book provides the reader with an updated overview of registration schemes and same-sex marriages in Europe. It also comments on the legal aspects of same-sex couples and their children, including surrogate motherhood, in different European jurisdictions and addresses cross-border and European issues.

Chapters

Table of Contents (p. 0)

PART ONE. FORMALISATION AND LEGAL CONSEQUENCES OF SAME-SEX MARRIAGES AND PARTNERSHIPS

The Nordic Countries: Same Direction – Different Speeds (p. 1)

Same-Sex Couples in Central Europe: Hop, Step and Jump (p. 19)

All or Nothing: The Dilemma of Southern Jurisdictions (p. 41)

Eastern European Countries: From Penalisation to Cohabitation or Further? (p. 55)

A Patchwork of Partnerships: Comparative Overview of Registration Schemes in Europe (p. 71)

PART TWO. SAME-SEX COUPLES AND CHILDREN

Parenthood for Same-Sex Couples – Scandinavian Developments (p. 89)

Surrogacy and Same-Sex Couples in The Netherlands (p. 123)

PART THREE. PRIVATE INTERNATIONAL LAW

Private International Law Aspects of Same-Sex Marriages and Partnerships in Europe – Divided We Stand? (p. 141)

Private International Law Aspects of Same-Sex Couples under German Law (p. 189)

Workshop: Cross-Border Recognition (and Refusal of Recognition) of Registered Partnerships and Marriages with a Focus on their Financial Aspects and the Consequences for Divorce, Maintenance and Succession (p. 225)

PART FOUR. EUROPEAN LAW ASPECTS

The Right to Private and Family Life, the Right to Marry and to Found a Family, and the Prohibition of Discrimination (p. 253)

Comparing People or Institutions? Sexual Orientation Discrimination and the Court of Justice of the European Union (p. 271)

Migration Rights and Same-Sex Couples in EU Law: A Case Study (p. 285)

List of Authors (p. 309)

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Associate Professor Velina Todorova (Bulgaria).

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