Registering a same-sex marriage for Ukrainians

Reasons to formalize your relationship · A list of countries where you can register a same-sex marriage

At present, same-sex unions are not recognized in Ukraine in any way. Although the Action Plan for the implementation of the National Human Rights Strategy through 2020 provided for the introduction of legislation on registered partnerships, no real steps have been taken in this direction.

Nevertheless, Ukrainians do have the opportunity to enter into same-sex marriages abroad – in countries where such marriages are allowed and there are no restrictions on the spouses’ citizenship. Unfortunately, these marriages are not recognized by our state either, and yet there can be various reasons to enter into them.

Marriage is not only a beautiful wedding ritual with rings and a white dress and a stamp in your passport (although the new ID cards no longer have one), but also a set of rights that spouses acquire. Many people, especially heterosexual ones, never think about this, since acquiring these rights requires no separate effort on their part.

Rights that same-sex unions lack

1

Joint ownership of property

2

Inheritance

3

Raising children together

Adoption (joint or of the other spouse’s child)

4

Hospital visitation

Making decisions if a spouse is incapacitated

5

The right not to testify against each other

As long as marriage is not available to same-sex couples, they can exercise some of these rights only at the cost of extra effort and expense. And some of them – not at all.

For example, in a family of two women with a child, only one of them will officially be considered the mother, while the other will formally be nobody to the child and, accordingly, will have no legal say in situations where the child’s fate is decided.

To this we can add the countless commercial programs that offer favorable terms to married couples and to which same-sex couples have no access, even if they have lived together for many years.

Today, marrying in another country does not bring homosexual Ukrainians any closer to these rights, but the situation may change over time: all it takes is for our legislation to recognize same-sex marriages concluded abroad. Moreover, a number of countries already recognize them – at the time of writing these are 29 countries with full marriage equality, as well as Armenia and Israel – so when traveling to them a same-sex couple will be able to enjoy the benefits that official family status provides. The list of such countries keeps growing every year. And let us not dismiss the importance of the ceremonial side of a wedding either – after all, it is beautiful!

The aim of this overview is rather to help you get your bearings among the possible destinations

So, below is an overview of the countries where a same-sex marriage is available to citizens of Ukraine. It does not cover countries where foreigners have to stay for some time in order to marry – in the United Kingdom, for example, before getting married you must notify the register office in person at least 29 days in advance, having already been in the country for at least 7 days by then. We only look at countries where it can be done during a short trip of a few days.

The aim of this overview is to help you get your bearings rather than to provide the most exhaustive information possible.

If it has helped you settle on a particular country for your wedding, we recommend checking the information on getting married there in that country’s official sources, since both individual details and the legal framework of the marriage procedure as a whole may change over time. Moreover, in some countries the conditions may differ between locations within the same country.

A few notes that hold true for most countries, so that we do not have to return to them below

* Many countries allow both civil and religious wedding ceremonies. However, far from all churches support such ceremonies for same-sex couples, and sometimes even different parishes within the same church take different positions on them. So anyone who wants a religious ceremony in particular should check its availability and conditions separately. This text deals specifically with civil marriages.

* Most countries require a document in one form or another confirming that there is no impediment to the marriage. Ukraine has no state-prescribed standard form for such a document, so as a rule this can be a notarized statement in free form that says at least that the person is not currently married and does not violate the other restrictions on marriage set by the country in question (for example, that they are of legal age, are not a close relative of the other spouse, and so on). But it is worth clarifying the desired content of this statement while communicating with representatives of the institution where you plan to marry, at the preparatory stage, since official sources are often not detailed enough about it.

* Wherever it is not stated otherwise, it is assumed that marriage is fully available to adults (over 18 years of age).

* In most cases it is assumed that documents issued by Ukrainian institutions must be translated into the language of the country in question in order to be used there, and that this translation must be legalized with an apostille. Even where this is not stated explicitly, we recommend keeping this requirement in mind, since it will most likely come up anyway.

Countries where citizens of Ukraine can register a same-sex marriage

First we will look at European countries, as the closest and most affordable ones. Then, for those undaunted by distance and higher costs, we will also list countries beyond Europe

  • To get married in Denmark, you need to submit an application to the Agency of Family Law and pay a fee of 1650 Danish kroner (approximately 220 euros at the time of writing). This can be done through the online form at this link. After that a certificate of marital status will be issued, valid for 4 months, within which the marriage must take place.

    While the application is being processed you may be asked for other documents, which are best prepared in advance. In particular:

    • passports and (if required) visas
    • certificates of marital status in your country of residence (in practice – a document confirming that the person is not married)
    • for those who have been married before – a divorce document or a spouse’s death certificate
    • for those who have children – the children’s birth certificates.

    The documents must be translated into English, German, or Danish and carry an apostille. The wedding ceremony is also conducted in one of these languages, at your choice.

    Danish law does not set a specific period of stay in the country before the marriage, but different municipalities may set their own deadlines for how many days in advance the application must be submitted to the city administration, so this is worth checking ahead of time. There are various agencies that make it possible to hold the wedding ceremony the day after arriving in Denmark and help with the paperwork, but their services entail additional costs.

Text by Inna Iriskina, Transgender Program Coordinator at Insight NGO

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