Registered Partnerships & Same-Sex Marriage in Switzerland

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Registered Partnerships & Same-Sex Marriage in Switzerland

On 5 June 2005 a government-proposed partnership law was approved by referendum by the Swiss. 

The Eingetragene Partnerschaft, which literally means "registered partnership" allows same-sex couples who register their partnership many of the same basic rights as held by married heterosexual couples. 

Registered partners benefit from the same next of kin status, and have equal rights in matters of taxation, inheritance, social security and pensions and shared possession of a home as married partners. Same-sex couples may not, however, adopt children or undergo medically assisted fertility treatment.

On registration, the legal surname of each partner does not change - they may not take a shared surname. However, they may change their surnames (hyphenate or share a surname) for use in day-to-day affairs. This will not be recorded in the register of birth, marriage and death. 

The foreign partner of a Swiss citizen does not have automatic rights to a Swiss passport or expedited naturalisation however they are entitled to a residence permit from the Swiss immigration authorities. 

Registered partnerships are certificated by a registry office as a " life partnership with mutual rights and obligations". 

Same-sex marriages formed in countries other than Switzerland will be acknowledged as registered partnerships in Switzerland.

The new law should take effect early 2007.

Same-Sex Partnerships Geneva & Neuchâtel

The Civil Solidarity Pact (Pacte Civile de Solidarité or PaCS) law came into effect in the canton of Geneva in May 2001. This allowed for two people of the same sex to make a declaration of partnership at the State Ministry of Justice (Chancellerie d'Etat) or with a notary: "The certificate certifies the official character of the partnership and the right of the partners to be treated in an identical manner as a married couple in their relations with the public administration, with the exclusion of fiscal taxation and the granting of social security benefits... " (Art.1, al.3).

The PaCS law gives all cohabitating couples – both same-sex and heterosexual – the same rights as married couples in their dealings with the state, except with regard to taxation and social security benefits. Couples with a PaCS agreement may not adopt children. They do benefit from "next of kin" status.

PaCS was introduced in Neuchâtel in 2004.

Same-Sex Partnerships Zurich 

A same-sex partnership law was passed in Zurich in 2002. The registered partnership gives same-sex couples who live in Zurich canton and who register with the government the same rights as a married couple. Equal rights affect taxation, inheritance and social security benefits. 

A couple must commit themselves to running a household and supporting and aiding one another six months beforehand.

The partnership law in Zurich may not be used by heterosexual couples.

The new Federal-wide law may alter aspects of the laws as they have stood in Geneva, Neuchâtel and Zurich.

To Register a Partnership

Registration is made at the Civil Registrar's Office.

Required documents are:

• Civil identity document (certificat individuel d'état civil), proving that each person is free to enter into a PaCS. This can be obtained from the Civil Registrar’s office from the town of origin
• Foreigners should provide a birth certificate.
• Proof of address. This can be obtained from the local Cantonal Population Office
• Passport or identity card (both partners must be over 18)

Once the documents have been presented to the State Ministry of Justice, an appointment is made for the couple to sign the partnership declaration. An original copy will be given to each of the partners.

The articles of the PaCS law do not allow couples to adopt children or undergo medically assisted pregnancy (have fertility treatments).

To End a Partnership

An agreement is ended: 

• By the court at the common statement of the partners 
• By the death of one of the partners 
• At the request of one of the partners (after one year living separately)

Further Information

• Swiss Federation Justice & Police
• An article of interest
• SwissPolitics.org
• International Lesbian and Gay Association (not up-to-date)