De facto union in Portugal

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

Laws regarding same-sex partnerships in Europe

  Same-sex marriage

  Other type of partnership

  Unregistered cohabitation

  Issue under political consideration

  Unrecognized

  Constitution limits marriage to man–woman

---

v · d · e

De facto unions in Portugal (União de facto) were introduced for opposite-sex couples in 1 July 1999 and extended to same-sex couples by the act of 11 May 2001.^[1]

The current legislation extends to same-sex couples the same rights as heterosexual couples living in a de facto union for more than two years. The law covers housing arrangements, civil servants and work benefits, the option to choose a fiscal regime as married partners, and welfare benefits. Nevertheless, only opposite-sex de facto partners (and married couples) can adopt children together.

There is no registration on the process. Rights can be claimed after a couple lives together for two years. An application of joint tax assessment can be made to prove the union but it is not required.

Also in 11 May 2001, a new multi-person law ("common economy") was also implemented that protects two or more persons that live in common economy with most of the rights of the de facto union, except welfare benefits.

Since December 2006, same-sex couples (and opposite-sex couples) living in a de facto union are also recognized in the same way as married couples for citizenship applications and when a public servant wants to extend healthcare protection to the partner.

Since 2007, a new Penal Code recognizes same-sex couples regarding; domestic violence, murder of partner, an equal and uniform age of consent at 14, refusal do testify in court against the partner and in all other situations where married couples are referred in the code.

In July 2009, the Portuguese assembly, with support of all the parties on the left, approved to extend certain rights enjoyed by married couples, including inheritance rights, to couples in a de facto union.^[2] On 24 August 2009, President Cavaco Silva vetoed the bill.^[3]

Since 5 June 2010, Portugal also recognises same-sex marriage, with de facto unions remaining as an alternative to couples (same-sex or opposite-sex) who do not wish to marry. On July 9, 2010, de facto union expansion law (that includes inheritance rights, compensation and other benefits) passed the Portuguese parliament and on 16 August 2010, President Cavaco Silva ratified the law.^[4][5]

See also

• Same-sex marriage in Portugal
• LGBT rights in Portugal

References

1. ^ (Portuguese) DECRETO N.º 349/X Primeira alteração à Lei n.º 7/2001, de 11 de Maio, que adopta medidas de protecção das uniões de facto
2. ^ (Portuguese) AR altera lei das uniões de facto
3. ^ (Portuguese) Veto de Belém acentua fractura entre esquerda e direita
4. ^ (Portuguese) Cavaco promulga diploma que altera uniões de facto
5. ^ (Portuguese) Projecto de Lei 280/XI