Factual relationship and registered partnership

A couple’s factual relationship may be considered to constitute a family. Couples who do not wish or cannot marry can register their partnership to enjoy more protection and benefits under law.

Registered partnership

Two adults of whom at least one has residence in Estonia may register their partnership at a notary. The right to register partnership is equal to same sex and opposite sex couples. 

The obligations and rights of registered partners with respect to each other and third parties are more restricted than in the case of marriage. Registered partners are required to support and maintain each other during their partnership. They have equal rights and duties with respect to each other. 

The parties to a registered partnership contract can agree on an arrangement of relations between the child(ren) of one party and the other registered partner. A registered partner may submit an application for adoption to a court. A registered partner may adopt a biological child of the other registered partner or a child who was adopted by the other registered partner before the parties entered into their registered partnership contract. The law provides for an option to adopt also in other situations to prevent extreme unfairness.

Right to marry

Human rights such as the right to marry or the right to a private life do not oblige a State to provide same-sex couples with access to marriage the same way as for opposite-sex couples.

Equality

Although a State’s choice not to grant a right to marry for same-sex couples is still lawful under the European Convention on Human Rights, it may nevertheless have an impact on your private and family life. There may be certain issues related to the fact that you do have a family relationship with your partner, but the lack of legal recognition of your relationship may deny you the opportunity to fully enjoy it in certain areas. If you have registered your partnership or have got married outside of Estonia, the Estonian state may still not always recognize your family. If you think that you are being discriminated against or your right to family life is violated you should consult with a legal expert. Number of cases of same sex couples have been won in Estonian courts. 

A lack of regulation or unlawful regulation causes inequality between same-sex and married opposite-sex couples. Often the courts can put right the injustice.

Resources

Last updated 24/07/2020