#2013-404Law No. 2013-404 Opening Marriage to Same-Sex Couples
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The law, enacted on May 17, 2013, legalizes marriage for same-sex couples in France, amending the Civil Code to state that marriage can be contracted by two individuals of the same sex. It not only allows same-sex marriage but also aligns various family provisions to ensure equal treatment for same-sex couples and their children, including adoption rights. Additionally, the law recognizes previously contracted same-sex marriages and allows their transcription in France, ensuring that they are treated equally under the law.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Establishes that marriage can be contracted by two people of the same sex or different sexes.
- Aligns provisions regarding parental responsibilities and adoption rights for same-sex couples.
- Recognizes and allows for the transcription of same-sex marriages contracted before the law's enactment.
Obligations
What this law requires
Civil Code Article 143 must be amended to state that marriage can be contracted by two persons of the same sex or different sex
Marriage officials (officiers de l'état civil) must exercise their functions under the control of the Prosecutor of the Republic
Same-sex couples may contract marriage when, for at least one of them, either their personal law or the law of the state where they are domiciled or resident permits it
Marriage celebrations for same-sex couples with at least one French national domiciled in countries prohibiting same-sex marriage must be conducted publicly by a civil status officer, with a dossier filed at least one month before the publication required by Article 63
Same-sex couples must be permitted to adopt children jointly or adopt children previously adopted by one spouse in simple form