Civil Partnerships: your questions answered
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Last year we asked you what your burning questions regarding the Civil Partnerships Act were. With the implementation date recently announced, we put these questions to the government's Women and Equality unit, to ensure you got the information needed. If we have missed anything you want to know, drop us a line.

"During the consultation process, I remember putting a question regarding the adoption of your partners' surname. The initial response seems to have been yes - but where is it standing now?"

As stated in the Responses to Civil Partnership Consultation Document, an individual would be free to change their surname to their civil partner’s if they so wished.

A person would be responsible for ensuring that those organisations with their personal details would need to be notified of their name change. There is currently nothing to prevent a person changing their name to their partner’s name.

"My partner and I were married in Canada. Will the government accept our Marriage Certificate or do we have to have a civil partnership in this country as well? Also, if we had a civil partnership ceremony in another country, would this be recognised?"

Same-sex couples who form certain "overseas relationships" - that is certain legal relationships registered under the law of another country or territory - will automatically be treated as having formed a civil partnership and will not need to register in the UK as well, so long as they and their overseas relationship meets the requirements set out in the Civil Partnership Act.

A same-sex couple’s foreign legal relationship will be treated as an “overseas relationship” under the Act if:

(a) the relationship is either (i) one of the “specified relationships” listed in Schedule 20 to the Act, or (ii) meets the “general conditions” in section 214;
(b) it has been registered with the appropriate authority of the country concerned;
(c) the couple were of the same sex under the law of that country; and
(d) neither of them was already a civil partner or lawfully married.

Same-sex marriage under Canadian law (i.e. the law of those Canadian provinces which currently permit it) is not currently listed in Schedule 20, so the question is whether the marriage meets the general conditions in section 214.

The general conditions require that the legal relationship in question is exclusive (i.e. cannot be entered into where either of the couple is already in a relationship of that kind), is of indefinite duration, and results in the parties being treated as a couple or as married.

As we understand the position, same-sex marriage in those provinces which permit it is the same legal relationship as opposite-sex marriage, and has simply been opened up to same-sex couples by a decision of the courts. On this basis we consider that a same-sex Canadian marriage would meet requirement (a) above.

The other necessary elements of an “overseas relationship (b-d above) must also be satisfied for a foreign legal relationship to be treated as an “overseas relationship”. These additional requirements are unlikely to present a difficulty in a standard case of same-sex marriage.

Finally, a couple who are in an “overseas relationship” will be treated as civil partners provided that the other relevant requirements in sections 215 to 218 of the Act are also met.

"Has the bill been officially adopted in Scotland?"

The Civil Partnership Act covers the whole of the UK. It will be implemented across the UK on 5 December 2005.

"My boyfriend is an Australian citizen currently staying in the UK on a commonwealth working visa. When the civil partnership act is invoked will it grant us the right to get married and live together in the UK?"

There are restrictions affecting the formation of a civil partnership in the UK where either of the proposed civil partners is subject to UK immigration control.

A person will be subject to immigration control if they are not an EEA national and they require permission to enter or remain in the United Kingdom.

These restrictions mean that, unless the person subject to immigration control is exempt from these requirements (the classes of individuals who will be exempt will be set out in regulations which will be made during the coming year), they must have either entry clearance for the purpose of enabling them to form a civil partnership in the United Kingdom or the written permission of the Secretary of State to form a civil partnership.

These provisions are contained in Schedule 23 to the Act.

Couples that form a civil partnership will have similar immigration rights to married couples.

This will mean that the non-EU citizen civil partner of a British Citizen or person settled here will be able to apply for two years’ leave to enter or remain in the UK. If the civil partnership is still subsisting at the end of this period then an application for indefinite leave to remain may be made.

Further guidance and information regarding applications for entry clearance and other immigration issues for civil partnership will be available from the Immigration and Nationality Directorate in the Home Office in due course. They can be contacted on 0870 606 7766 or visit their website at www.ind.homeoffice.gov.uk

"In October 2004 my partner and myself got our partnership registered in the London registry. Now with the new legislation in place, what would we need to do to acquire the rights given to registered same sex couples? Do we need to re-register once the local authorities begin registering the couples under the new law?"

In order to obtain the rights and responsibilities afforded under the Civil Partnership Act, you and your partner will have to form a civil partnership once the Act comes into force on 5 December this year.

The existing non-statutory schemes which allow same-sex couples to register their relationship do not confer any legal rights and responsibilities, therefore it would be inappropriate to assume that such couples would wish to have the significant rights and responsibilities of civil partnership imposed on them by automatically making them civil partners.

Further details on the process for forming a civil partnership are available from the WEU website http://164.36.38.98/lgbt/faq.htm - formdissol .

"Myself and my partner have a daughter who my partner gave birth to. What will be the adoption rights for same-sex couples having a Civil Partnership. Will I be able to adopt her."

You will be able to apply to adopt your partner’s daughter after 30 December 2005 irrespective of whether you and your partner are civil partners.

The Adoption and Children Act 2002 (the Act) comes into force on 30 December 2005 and the amendments made to that Act by the Civil Partnership Act 2004 will also come into force on that day.

The Act makes two main changes to the law governing the adoption of a child by his parent’s partner, who may or may not be married or be civil partners.

Firstly, from 30 December 2005 a single person, aged 21 years of age will be able to apply to adopt his/her partner’s child without the child’s birth parent losing parental responsibility for the child. The court would need to be satisfied, amongst other things, that the applicant is the partner of a parent of the child to be adopted (section 51(2) of the Act).

Secondly it provides that the partner may apply to adopt once the child has lived with them for 6 months (section 42(3) of the Act). The Government believes it is right for there to be such a period, to provide some assurance that there has been an opportunity for a relationship to build up between the partner and the child, such as could justify the making of an adoption order.

The Civil Partnership Act also sets out provisions relating to children and parental responsibility. Once the Civil Partnership Act has been implemented, Section 75 of the Act provides for a civil partner to be able to apply for parental responsibility for their civil partner's children in the same way as a step-parent.

Section 77 enables a civil partner to apply for a residence or contact order for his or her civil partner's children and Section 78 ensures that a civil partner can be required to make financial provision for children. A residence order settles that a child will live with the applicant and also ensure that the applicant has parental responsibility for the child. It is also possible for a partner to apply to the court for a residence order for their partner’s child under Section 8 of the Children Act 1989.

"I am HIV positive and survive on benefits (disability and incapacity). My partner is HIV negative and works full time. If we join a civil partnership, will my benefits be affected? Will our joint income be means tested - so affecting my income support entitlements? I know a married couple's benefits are lower than if two independent people claim separately. Is the civil partnership a can of worms for people claiming benefits?"

The Civil Partnership Act provides for civil partners to be treated as a single-family unit for income-related benefits purposes. The Act also provides for same-sex couples who live together as if they were civil partners to be treated as a single-family unit, as is the case for unmarried cohabiting opposite-sex couples. The Government will ensure that this matter is handled sensitively.

Treating same-sex couples (whether they are civil partners or not), in the same way as opposite-sex couples (whether married or unmarried) in relation to income-related benefits is the best way to ensure fairness in this area.

The Government will mount a publicity campaign that will raise awareness of the change in the law and ensure that existing customers are aware of their responsibility to report the formation of a civil partnership or that they are living with their same-sex partner before the Civil Partnership Act comes into force on 5 December 2005.

"I teach at a Catholic school where it is necessary not to discuss my sexuality and I have been in a committed relationship with my partner since 1990. If civil partnerships mean a change to the tax system, this will presumably mean a change in tax code so that my sexuality will become an issue, to the extent that I would lose my job. Is my understanding of the case correct?"

Everyone has a personal tax code that is unaffected by his or her marital or, in future, civil partnership status.

However, the tax code retains suffixes that identify a married couple who are in receipt of Married Couples Allowance. Civil partners will be able to claim Married Couple's Allowance on the same basis as those who are married once the Civil Partnership Act comes into force. This allowance is only given if either civil partner was born before 6 April 1935 and the income of the civil partner with the higher income is below a certain limit (£19,500 for 2005/06).

If a claim is made then this will be reflected in your tax code (or that of your civil partner). The tax code suffix will be the same regardless of whether the claimant is married or in a civil partnership; therefore this suffix will not identify civil partners.

If anyone is concerned about any change to their code being notified to their employer, they can write to their local office and say that they want to claim the Married Couple's Allowance on a yearly basis but that they do not want the allowance put in their code number for the first or any year, and that they will continue to claim on a yearly basis.

"I am Belgian and intend to apply for British citizenship. I live in the UK with my British partner now for three years and three months. Five years of residence however are required. If I were married to a British citizen, three years would suffice. Will the new law on civil partnerships get rid of this discrimination and reduce this condition also to three years of residence?"

Under the Civil Partnership Act couples that form a civil partnership will have similar immigration rights to married couples. Persons who form a civil partnership with a British citizen will be required to be resident for three years and have indefinite leave to remain in order to apply for British citizenship, in the same way that applies to married couples.

The Immigration and Nationality Directorate in the Home Office will provide detailed guidance on immigration rights for civil partners in due course. They can be contacted on 0870 606 7766.

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