On Thursday, 31 March, Latvian Saeima submitted to committees the legislative draft prepared by the Ministry of Justice, which provides for the registration of new forms of civil unions between adults, including the option to register same-sex relationships.
Previously members of the Legal Affairs Committee argued over this, with some deputies and representatives of residents voicing support for this proposal and others arguing against it.
The ministry prepared the legislative draft in response to the 2020 ruling of the Constitutional Court in the case regarding the birth of a child during vacation. The court ruled the Constitution provides a duty for the legislator to ensure legal protection of same-sex families, including the duty for the legislator to provide such families a legal way to register their relations and be recognized as a family by the state.
The Civil Union legislative draft mentions the goal is to ensure the protection of rights of persons that register a civil union. It is planned to write in the law the procedure under which it is possible to register or terminate a civil union, as well as personal and property relations of the people involved.
It is planned to define a civil union as a notarized agreement between two adults, which either registers or terminates non-pecuniary and property rights and obligations between persons.
Married persons, persons who are direct relatives to one another, brothers and sisters, half-brothers and half-sisters, adopted children and their adoptive parents will not be allowed to register such a union.
The civil union will be an obstacle to enter marriage with a person who has not signed a mutual civil union. The civil union will end with the death of one of the members, if a court declares one of the union member as deceased. The civil union will also end with the establishment of marriage or if a notary or court issues a ruling on termination of a civil union.
As previously explained by Saeima deputy Ilmārs Dūrītis, the legislative draft does not include all aspects relate to registration of cohabitation, such as tax and inheritance topics. Proposals for this will be allowed to be submitted if the legislative draft makes it to the second reading.
The politician said the legislative draft is a major step towards implementing rulings of the Constitutional Court and conclusions regarding recognition of cohabitation from the perspective of the state. This regulation will allow people who are not married, same-sex couples included, to use civil unions, said Dūrītis.
If the Saeima conceptually passes amendments, this means the Ministry of Justice will need to develop a number of accompanying laws and Cabinet of Ministers rules that will need to be amended in the process, explained the deputy. The politician also explained that it is basically a law for the registration of civil unions. The work group continues working on solutions in a wider context. As an example, Dūrītis mentioned the work group’s developed amendments to the Law on the Rights of Patients.
Latvian Saeima decides to view Civil Union legislative draft
