On recognition of foreign same-sex marriages and partnerships

The traditional problem of 'limping relationships' in private international law is emerging more and more often with regard to same-sex couples. In fact, the question of validity under the applicable choice-of-law rules is seldom raised in the State of registration of the partnership or in the State of celebration of the marriage, but can come to light when the couple moves to another country. However, it is often argued that this can amount to a violation of principles concerning fundamental rights and granting a cross-border continuity of status and familial relationships. The chapter examines in turn the type of proceedings in which the question of validity of the same-sex relationship instituted abroad can actually arise and the solutions resorted to by national courts in order to deal with that question. The chapter outlines the different attitudes of States in that connection, depending on whether they grant same-sex couples access to marriage or to civil unions only, or they do not recognise same-sex relationships as legal. The latter case obviously proves to be the most troublesome, since national courts feel forced to refuse recognition of foreign same-sex relationships, regarded either as non-existent for the lack of an essential requirement (the opposite sex of the spouses/partners) or as contrary to the public policy of the State concerned. © 2014 Springer-Verlag Berlin Heidelberg. All rights reserved