Amendment to the partnership law: equal status for same-sex couples from January 2025

On 1 January 2025, a major amendment to the Civil Code and other legislation will come into force, bringing long-awaited changes to the area of registered partnerships in the Czech Republic. The amendment marks a step toward aligning the rights and responsibilities of same-sex couples with those of married couples, thus bringing the institution of registered partnership closer to that of marriage. Thanks to these changes, same-sex couples will have broader legal options, particularly in areas of property rights, parenting, and surname choice. The aim of the amendment is to enhance legal certainty for same-sex partners and strengthen their protection.

Key Changes in the Amendment to the Partnership Law

1. Simpler Partnership Formation - The amendment expands options for when and where registered partnerships can be formed. As of the new year, registered partnerships can be formed at any registry office, and partners will be able to choose the time and location that best suits them. This change brings greater flexibility to the process and symbolically aligns registered partnerships with marriage, which can also take place outside of offices and in various venues.

2. Common Surname - Partners will now have the option to choose a common surname—they can agree on a shared surname or keep their original surnames. This option, common in marriage, is significant for same-sex couples in building a family and shared identity. A common surname will also simplify legal documentation and provide greater legal certainty in various life situations.

3. Parental Rights and Adoption - The amendment allows for the adoption of a partner's biological child, thereby strengthening the legal protection of families formed by same-sex couples. In practice, this means that if one partner is the biological parent of a child, their partner can adopt the child, creating a legal relationship between the child and both partners. This change is crucial for parental rights and responsibilities in cases of death or separation of one partner. It will also allow same-sex couples to provide their children with stable legal security. However, the amendment does not yet permit the joint adoption of a child from an orphanage or other institution.

4. Property Rights and Joint Ownership - The amendment grants same-sex couples the option of a property arrangement similar to joint marital property. This is crucial for the rights and protection of partners, especially in cases of death, separation, or other situations requiring property settlement. Partners will also have the right to inherit from each other under the same rules as married couples. Thus, the amendment ensures that, upon the death of one partner, the surviving partner will not be entirely dependent on the inheritance proceedings but will have a legal claim to a portion of the property.

5. Further Legal Certainty and Rights Protection - The amendment includes a range of additional adjustments to ensure greater legal certainty and protection for same-sex couples. It should also make it easier for them to assert their rights in healthcare or administrative matters, simplifying everyday life for same-sex couples.

The Significance of the Amendment for Czech Society

The partnership amendment, effective from 2025, represents a step forward in the rights and protection of same-sex couples in the Czech Republic. While some distinctions between registered partnerships and marriage remain, the amendment brings both institutions closer together and provides partners with broader legal protection and the opportunity to live their lives without needing complex legal safeguards in exceptional situations. From a societal perspective, the amendment sends a positive signal of openness and commitment to equal treatment of all citizens under the law.

Given the extensive changes introduced by the amendment, many same-sex couples may find themselves needing detailed legal information and advice to fully leverage their new rights. As a law firm specializing in family law, we are here to help you navigate the changes brought by the amendment and ensure that your legal matters are handled with the utmost care and expertise. If you are interested in a consultation, please do not hesitate to contact us.

Responsible Attorney: Mgr. Vendula Růžková, LL.M., MBA, article co-authored by Petra Dluhošová.