Same-sex marriage in the Netherlands
| Same-sex marriage |
| Recognised nationwide in: |
| Belgium |
| Netherlands |
| Recognised in some regions in: |
| Canada (Ont, Que, B.C, Y.T) |
| United States (Massachusetts) |
| Other countries: |
| Australia |
| France |
| South Africa |
| Spain |
| See also |
| Civil union |
| Domestic partnership |
| Edit this box |
Registered partnership
On January 1, 1998 registered partnerships (Dutch: geregistreerd partnerschap) were introduced in law in the Netherlands. These were meant for same-sex couples as an alternative to marriage, though they can also be entered into by opposite-sex couples, and in fact about one third of the registered partnerships between 1998 and 2001 were of opposite-sex couples. For the law, registered partnerships and marriage convey the same rights and duties, especially after some laws were changed to remedy inequalities with respect to inheritance and some other issues.
Marriage
Marriage itself was opened to same-sex couples on April 1, 2001; as well as adoption within the Netherlands (see below for more information on adoption).
Same-sex marriages and religion
There was strong opposition from fundamentalist religious groups to the introduction of same-sex marriage (see e.g. Khalil el-Moumni). Individual churches have retained the right to decide whether or not to conduct such ceremonies; in practice many churches will conduct these ceremonies.
Some local councils choose not to require registrars who object to same-sex marriage to perform ceremonies; though this is usually a decision made by Christian political parties, it can be said that it would not benefit a same-sex couple if the official performing the marriage was unhappy doing so, potentially ruining the occasion.
Objections by registrars
Local governments are obliged to perform civil same-sex marriages, and they can require their personnel to marry same-sex couples; however if their existing contract did not state this requirement, they cannot be fired over a refusal to do so. Same-sex marriages internationally
The rules about nationality and residence are the same as for any other marriage in the Netherlands: at least one partner must either have Dutch nationality or reside in the country. There is no guarantee that a same-sex marriage will be recognised in other countries. Most likely it will be accepted in those and only those countries that have themselves a form of civil union for same-sex couples.Statistics
According to provisional figures from the Netherlands Central Bureau of Statistics, for the first six months same-sex marriages made up 3.6 percent of the total number of marriages: a peak of around 6 percent in the first month followed by around 3 percent in the remaining months: about 2100 men and 1700 women in total.Restrictions
Same-sex marriages are fully equivalent to opposite-sex marriages in the Netherlands with apparently two restrictions relating to adoption of children. First, if a married lesbian has a child, her wife will not count as the child's father or mother; unless and until she adopts the child, she will count for the law as a stepmother. Second, Dutch law provides some exceptions for other nations' laws regarding international adoptions for Dutch same-sex couples. These restrictions are currently being challenged by some MPs.