Why is there a same-sex marriage

Until recently, in Germany only men and women could marry and adopt children together. With the marriage for everyone decided in June 2017, gays and lesbians can now officially get married. Find out here that

  • Weddings are possible from October 1st, 2017 for gays and lesbians.
  • marriage for all allows homosexual couples to adopt children together.
  • Same-sex marriage is possible in 24 countries, e.g. B. in the USA, France and Great Britain.

Enforcing marriage for everyone

The proposal for marriage for all follows a draft law by the Federal Council. He described the ban on same-sex marriage at the time as "concrete and symbolic discrimination against people on the basis of their sexual identity". On June 30, 2017, the Bundestag passed the Bundesrat's draft law with a large majority. As a result, 7 words were added to § 1353 BGB. Instead of: “The marriage is concluded for life” it now says: “The marriage is of two people of different or same sex Closed for life. ”As a result, gay and lesbian couples are also allowed to marry in Germany.

With the decision of same-sex marriage in Germany, the Federal Republic is a latecomer. Same-sex marriages have been allowed for some time in 24 countries, including the United States and France. The Netherlands is considered to be a pioneer, which made civil marriages possible for gay and lesbian couples in 2001. In many countries married homosexual couples are also allowed to adopt children.

The registered civil partnership becomes marriage for everyone

Same-sex marriage replaces registered civil partnerships. The latter was introduced in 2001 and put same-sex couples on an equal footing with married heterosexual couples in some areas. So it was in 2005

  • Alignment of the maintenance law: After a separation, the same rules for child maintenance apply in the civil partnership as in a marriage.
  • stepchild adoption permitted, d. H. the adoption of biological children of the partner.
  • created the possibility to consider the life partner in the survivor's pension.

In the years that followed

  • Inheritance tax for registered civil partnerships expanded: Registered civil partners are treated like spouses with tax class I. You can claim a tax exemption of € 500,000.
  • spouse splitting introduced for registered civil partnerships.
  • successive adoption permitted, d. H. the adoption not only of the biological but also of the adopted children of the partner.

With the exception of the law of adoption, there are hardly any legal differences between registered civil partnerships and marriage for everyone. The civil partnership, however, is a separate legal institution that does not have the same symbolic power as marriage. In light of social change, it is important that gay and lesbian couples are treated in the same way as heterosexual couples.

There are currently around 43,000 homosexual couples in a civil partnership. You can now apply for marriage status.

If you want that, you have to go to the registry office again. There you explain personally and in the presence of your partnerthat from now on you want to live in a marriage. The date on which you formed the civil partnership is then taken as the date of the marriage. Marriage is not compulsory for everyone. You can also simply continue your civil partnership. However, it is no longer possible to enter into new registered civil partnerships.

When is same-sex marriage possible in Germany?

After Federal President Steinmeier had signed the law for same-sex marriage on July 21, 2017, it was published in the Federal Law Gazette on July 28, 2017. It came into force on October 1st. 2017, a Sunday. Since then, gay and lesbian couples have also been able to get married.

Reform of the law of adoption in marriage for all

Couples in registered civil partnerships have so far not been allowed to adopt another child together. Only through the successive adoption could one of the partners apply to the youth welfare office. The chance that an individual would be preferred to a couple was slim. Same-sex marriage now gives you the right to adopt a child with your partner.

So in theory it is common adoption law given for homosexual marriage. What the practice looks like remains to be seen. Because in addition to the adoption agency, the transferring parents have a say and can decide on the adoptive parents.

In addition, the following applies to both registered civil partnerships and same-sex marriage: If a child is shared by both partners abroad according to local law adopted this must be in Germany recognized become.

By the way: If a child is born into a lesbian marriage, e. B. through a sperm donation, legally only the biological mother is considered the parent. The life partner has yet to adopt the child.

No changes in marriage tax law for everyone

From a tax point of view, nothing changes for couples in same-sex marriage. As in a registered civil partnership, you will be assigned to tax class IV as a married person. This is suitable for couples who earn roughly the same amount. If this does not apply to your situation, you have two options:

Combination of tax classes III and V with very different incomes of the partners (e.g. if one partner contributes more than 60% of the joint income)

Tax class IV with factor, if the income of the partners varies less widely.

A change of tax class is only possible once a year and must be applied for in writing by November 30th. The change is effective from the month in which the application is submitted.

Conclusion:

The resolution of the Bundestag of June 30th, 2017 allows gay and lesbian couples to marry since October 1st, 2017. In contrast to registered civil partnerships, married homosexual couples now also have the right to adopt children together.

Informed and secure in every situation
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