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Domestic partnership in Tasmania Totally Explained
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Everything about Domestic Partnership In Tasmania totally explainedThe Australian state of Tasmania doesn't recognize same-sex marriage. However, the Relationships Act 2003 provides for recognition and registration of a type of domestic partnership in two distinct categories-- Significant Relationships and Caring Relationships - Which amended 73 pieces of legislation (External Link ). These relationships do not confer all the rights and benefits of marriage under Commonwealth law under the Marriage Act 1961.
Significant relationships
From 1 January 2004, both same-sex and mixed-sex couples can register a Significant Relationship if both are unrelated, unmarried adults living in Tasmania. As of today, 140 opposite-sex and same-sex couples had registered, and three male same-sex couples unregistered.
Caring relationships
Likewise, two adults residing in Tasmania, related or not, can register a Caring Relationship if one provides the other with domestic support and personal care. The parties can't be married to each other, can't be in an existing significant or caring relationship, and neither can be receiving payment for the care of the other either from employment or government departments.
Rights and benefits
Both types of relationships provide some rights in the following areas:
- Superannuation (pension/retirement benefits)
- Taxation
- Insurance
- Health Care
- Hospital Visitation
- Wills
- Property Division
- Employment Conditions (such as parenting and bereavement leave)
Adoption and parenting
Same-sex couples can't be assessed to be adoptive parents of children relinquished by other people. However, they may adopt their partner's child or children they already care for.
Same-sex partners of women who give birth to children conceived through sperm donation, IVF or other artificial reproductive technology won't be presumed to be the child's other parent. It is possible, however, for a birth-mother's same-sex partner to adopt any children she's through fertility treatment.
Recognition from other jurisdictions of Australia
City of Sydney (registered partnership since 2005)
City of Melbourne (registered partnership since 2007)
The following jurisdictions will soon recognise Tasmanian registered relationships:
Victoria (Australia) (registered partnership commences 1/12/2008, under the Relationships Act 2008)
Australian Capital Territory (civil partnership, under the Civil Partnerships Act 2008 (External Link ) and "ceremonies" are NOT allowed)
The Australian or Commonwealth (federal Government) doesn't officially recognise any registered relationships, however 100 laws will soon include same-sex couples under Commonwealth legislation (announced by Kevin Rudd), except for the Marriage Act 1961, which says "a union between a man and a woman" - Will NOT be amended or changed.
Foreign recognition
British law recognizes Significant Relationships as equivalent to civil partnerships in the United Kingdom. This means that couples registered in Tasmania automatically have the same rights as married couples when they enter the UK.
New Zealand and Uruguay recognizes civil unions as equivalent to Tasmania's model.
The US states of New Jersey, Connecticut and Vermont recognizes their domestic partnerships, but not the civil union model as equivalent to Tasmania's model. Although, the US state of New Hampshire recognizes civil unions as equivalent to Tasmania's model.
The US states of; Maine, Washington DC, Oregon, Washington, Hawaii and California recognizes a domestic relationships as equivalent to Tasmania's model.
Several European countries recognize domestic partnerships as equivalent to Tasmania's model; Denmark, Andorra, Iceland, Greenland, Hungary (from 01/01/2009), Germany, France, Portugal, Austria, Argentina (some parts), Belgium, Brazil (some parts), Mexico (some parts), Canada, Croatia, Czech Republic, Finland, Ireland, Israel, Liechtenstein, Luxembourg, Netherlands, Norway, Slovenia, South Africa, Spain, Sweden and Switzerland.
Foreign recognition of registered Tasmanian relationships
Note: It doesn't recognise same-sex marriages at all
Registration
Applications for Significant or Caring Relationships can be registered in person or by mail by filing an application for a Deed of Relationship with the Tasmanian Registry of Births, Deaths and Marriages in Hobart. As of July 2007, the registration fee was AUS$137.50.
Relationships Tasmania Further Information
Get more info on 'Domestic Partnership In Tasmania'.
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