Date: Thu, 05 May 1994 08:58:03 MET From: "Tobias Wikstr|m" This is the wording of the proposed Partnerhip Act as amended by the Standing Committee on Civil-Law Legislation. Proposed Registered Partnership Act Be it enacted as follows. Chap. 1 Registration of partnership Section 1. Two persons of the same sex may let their partnership be registered. Section 2. Registration may only take place if at least one of the persons is a Swedish citizen domiciled here in the country. Section 3. Registration may not take place concerning a person who is under the age of 18 or those who are of first kin Registration may not take place concerning half- siblings without permission from the Government or an agency assigned by the Government. Registration may not take place of a person who is married or who already is a registered partner. The right to registration of a partnership is tried according to Swedish law. Section 4. Before the registration takes place an examination shall be made for impediments to registration. Section 5. In the examination procedure, the provisions of Chap. 3 and Chap. 15 of the Marriage Code applying to the procedure for examination for impidements to marriage shall apply. Section 6. Registration takes place in the presence of witnesses. Section 7. At the registration both parties shall be present simultaneously. They shall each individually, on request of the registrar announce that they consent to the registration. The registrar shall then declare that they are registered partners. If it has not taken place as stipulated in the first paragraph or if the registrar was not qualified to conduct the registration, the registration is invalid. A registration that according to the second paragraph is invalid may be approved by the Government, if there are particular reasons. The matter may be considered only after application from one of the parties or, if any of them has deceased, from heirs of the deceased. Section 8. A district court judge with judicial experience or a person appointed by the county administration is qualified to be a registrar. Section 9. Registartion shall also be subject to the provisions of Chap 4, Sections 5, 7 and 8 of the marriage code and to prescriptions issued by the Government. Decisions concerning registration are contested by appeal as provided in Chap. 15, Section 3 and 4 of the Marriage Code. As regards international relations concerning the registration, Chap. 1, Sections 4-9 of the Act (1904:36, p. 1) on Certain International Legal Relations concerning Marriage and Guardianship shall apply. Chap. 2 Dissolving of registered partnership Section 1. A registered partnership is dissolved by the decease of one of the parties or by dissolving of the registered partnership. Section 2. The provisions of Chap. 5 of the Marriage Code also apply to dissolving of the registered partnership. Section 3. Legal proceedings concerning dissolving of registered partnership and proceedings filed in order to establish that a registered partnership exists or does not exist ar partnership causes. Provisions concerning marital causes also apply to partnership causes. Section 4. A Swedish court may always take cognisance of partnership causes if the registration has taken place here. Chap. 3 Legal consequences of partnership Section 1. A registered partnership has the same legal consequences as a marriage, subject to the exceptions indicated in Section 2-4. Provisions relating to marriage and spouses shall apply, MUTATIS MUTANDIS, to registered partnerships and registered partners except where otherwise indicated by the rules of exception in Sections 2-4. Section 2. Registered partners may neither jointly nor singly adopt children under Chap. 4 of the Code of Parenthood and Guardianship. Nor may partners be appointed, as specially appointed guardians under Chap. 13, Section 8 of the code of Parenthood and Guardianship, to exercise joint custody of a minor. The Insemination Act (1984:1140) and the In-Vitro Fertilization Act (1988:711) do not apply to registered partners. Section 3. Provisions which apply to husband and wife and whose applicability constitues a special treatment of one of the parties only due to the sex of this party do not apply to registered partners. Section 4. The privisions of the Ordinance (1931:429) on Certain International Legal Relations concerning Marriage, Adoption and Guardianship do not apply to partnership. ----- This Act enters into foce on January 1st, 1995. -- Tobias Wikstr”m RFSL, Box 350, S-101 26 Stockholm, Sweden Telephone +46-8-7360213 Telefax +46-8-304730