Domestic partnership in Tasmania


Domestic partnership in Tasmania
Legal recognition of
same-sex relationships
Marriage

Argentina
Belgium
Canada
Iceland
Netherlands

Norway
Portugal
South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: Mexico City
United States: CT, DC, IA, MA, NH, NY, VT, Coquille, Suquamish

Recognized, not performed

Aruba (Netherlands only)
Curaçao (Netherlands only)
Israel
Mexico: all states (Mexico City only)
Sint Maarten (Netherlands only)
United States: CA (conditional), MD

Civil unions and
registered partnerships

Andorra
Austria
Brazil
Colombia
Czech Republic
Denmark
Ecuador
Finland
France
- New Caledonia
- Wallis and Futuna
Germany

Greenland
Hungary
Ireland
Isle of Man
Liechtenstein
Luxembourg
New Zealand
Slovenia
Switzerland
United Kingdom
Uruguay

Performed in some jurisdictions

Australia: ACT, NSW, TAS, VIC
Mexico: COA
United States: CA, CO, DE, HI, IL, ME, NJ, NV, OR, RI, WA, WI

Unregistered cohabitation

Australia
Croatia

Israel

Recognized in some jurisdictions

United States: MD

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Recognition of same-sex unions in Europe
Marriage privatization
Civil union
Domestic partnership
Listings by country

LGBT portal
v · d · e

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. In September 2010, the Parliament of Tasmania approved legislation to recognize same-sex unions performed outside Tasmania as a significant relationships.[1][2][3][4]

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:[5]

  • 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.[6]

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 since 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, QLD 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.[6]

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, the then current Prime Minister, Kevin Rudd, had 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 2010:

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.

In September 2010, the Tasmanian parliament passed legislation to recognize out-of-state same-sex unions as a significant relationships.[1][2][3][4]

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 $137.50.[7]

See also

References

  1. ^ a b RELATIONSHIPS AMENDMENT (RECOGNITION OF REGISTERED RELATIONSHIPS) BILL 2010
  2. ^ a b Tasmania votes to recognise foreign same-sex marriages
  3. ^ a b "Tasmania to recognise same-sex marriage". Australian Broadcasting Corporation. 2010-09-30. http://www.abc.net.au/news/stories/2010/09/29/3025417.htm. Retrieved 2010-10-08. 
  4. ^ a b Tasmania moves on marriage
  5. ^ ""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. 
  6. ^ a b http://www.relationshipstasmania.org.au/parentingrights.html Relationships Tasmania
  7. ^ "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


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Domestic partnership — Family law Entering into marriag …   Wikipedia

  • Tasmania — Australia state or territory Name = Tasmania Fullname = State of Tasmania Motto = Ubertas et Fidelitas (Fertility and Faithfulness) Nickname = Island of Inspiration; The Apple Isle; Holiday Isle Emblems = Flora Tasmanian Blue Gum; Mineral… …   Wikipedia

  • Civil Partnership Act 2004 — United Kingdom Parliament Long title An act to make provision for and in connection with civil partnership. Statute book chapter 1919 c. 76 …   Wikipedia

  • Civil Partnership Act Schedule 20 — Schedule 20 of the Civil Partnership Act 2004 is a section of the British Civil Partnership Act recognising certain overseas unions as equivalent to civil partnerships under British law. Same sex couples who have entered into those unions are… …   Wikipedia

  • Recognition of same-sex unions in Australia — Legal recognition of same sex relationships Marriage Argentina Belgium Canada Iceland Netherlands Norway Portugal South Africa Spain Sweden …   Wikipedia

  • Same-sex relationships in Australia — Same sex marriages are currently not recognised under Australian federal law and, since 2004, the Marriage Act 1961 was redefined to explicitly recognise marriage as being the union of a man and a woman . Under section 51(xxi) [ [http://scaleplus …   Wikipedia

  • Civil union — Legal recognition of same sex relationships Marriage Argentina Belgium Canada Iceland Netherlands Norway Portugal South Africa Spain Sweden …   Wikipedia

  • Civil Unions Act 2006 — The Civil Unions Act 2006 (ACT) was an Act of the Australian Capital Territory Legislative Assembly which established civil unions for same sex or opposite sex couples that allowed for equal legal recognition with marriage under territory law.… …   Wikipedia

  • Same-sex marriage legislation around the world — Same sex relationships legal …   Wikipedia

  • 2005–06 Australian cricket season — The 2005 06 Australian cricket season took place from October 2005 to March 2006.Honours* Championship ndash; Queensland * Limited Overs KO Cup ndash; New South WalesEventsThe 2005 06 Australian cricket season began on 2005 10 05 with the first… …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.