Civil partnership or marriage?

History of registered partnerships

The union of two persons of the same sex has long been a subject of public debate in the Czech Republic. The discussion has touched not only on legal and political issues, but also on deep-rooted social prejudices. The legislative process leading to the enactment of registered partnerships lasted almost a decade and was marked by intense disputes between supporters and opponents of legal arrangements for same-sex couples. Opponents often argued from a traditional understanding of the family and concerns about the ‘relativisation’ of the values of marriage, while advocates of civil partnerships emphasised human rights, dignity and the need for legal recognition of existing realities.

A significant turning point came after 2000, when the Czech Republic was influenced by broader international trends. At that time, many European countries, such as the Netherlands, Denmark or Sweden, had already moved to legalise civil partnerships or even same-sex marriage. These developments put pressure on the Czech political scene to reflect changing attitudes towards equality issues and the protection of minorities. In 2005, a new draft law on registered partnerships was presented and, after long negotiations, passed the Chamber of Deputies, despite a veto by then President Václav Klaus. The first registered partnerships were concluded on 1 July 2006, placing the Czech Republic among the more progressive countries in the Central and Eastern European region.

In the following years, there have been several major changes to the legal regulation of registered partnerships. The most significant of these came in 2016, when the Constitutional Court decided to repeal the provisions of Section 13(2) of the Registered Partnership Act. This provision prohibited persons living in a registered partnership from becoming adoptive parents of a child. According to the Constitutional Court, this restriction was contrary to the principles of equality and dignity guaranteed by the Czech Constitution and international human rights conventions. The Constitutional Court’s decision was seen as a historic moment that not only removed a discriminatory legal barrier, but also signalled a gradual shift in Czech society towards greater acceptance of diverse forms of family life.

The Constitutional Court’s decision also drew attention to the illogic of the law, which on the one hand assumed de facto care of children by registered partners, but at the same time prevented them from legalizing such care through adoption. The Court found that this restriction did not contribute to the best interests of the child, which should be the key criterion in adoption.

However, even after this decision, the legislature avoided taking more substantial steps towards full equality between registered partners and spouses. As a result, same-sex couples still do not have the option of joint adoption of a child, which remains one of the most significant inequalities between civil partnerships and marriage. Nevertheless, the possibility of individual adoption has been opened up, allowing registered partners to have their relationship with the child taken into account and recognised by the law. This step has been crucial not only for the partners themselves, but also for the children living in these families, as it provides greater legal certainty and protection of their interests.

Registered partnerships have thus evolved significantly since their inception, with each change in the law or court decision reflecting the wider societal debate on equality, family and minority rights issues.

What does partnership mean under Czech law?

Since its adoption in 2006,the Registered Partnership Act and related legislation dealing with the topic of (registered) partnerships have undergone a number of changes, reflecting not only legal but also social developments. These changes have gradually brought the rights of registered partners closer to those of spouses, although full equality has not yet been achieved. The most recent and most significant amendment to date, effective from January 2025, represents a further step towards greater equality.

Under current legislation, a civil partnership is a permanent union between two persons of the same sex, which is entered into in a similar way to marriage. Unless the law or other legislation expressly provides otherwise, similar provisions apply to partnerships and the rights and obligations of partners as to marriage and spouses. This change reflects the legislator’s desire to remove at least some of the inequalities that previously characterised registered partnerships.

Until the end of 2024, the term “registered partnership” was used for this institution, which was associated with limited rights compared to the current regulation. However, from January 2025, there is a transition to a new legal framework which significantly expands the range of rights of registered partners. Also, only the term ‘partnership’ is now used. Some of the key changes include the possibility of entering into a community of property, automatic inheritance in the first class of succession and simplified application of rights in various life situations such as health care or administrative tasks. These developments are seen as significant progress towards the recognition of same-sex unions as a full form of family life.

It is important to emphasise that registered partnerships concluded before 1 January 2025 remain valid in their original form, unless the participants decide to enter into a new type of partnership with wider rights. The new legislation does not allow for the automatic conversion of the original registered partnerships to the current type of union. Registered partners who wish to extend their rights must enter into a new partnership in accordance with the current legislation. This step is administratively easy, but requires an active decision by both partners. Conversely, from January 2025, it is no longer possible to enter into a registered partnership in its original form.

In this area, the legislators deliberately use the term ‘partner’, which in legal terminology includes all persons, regardless of their gender identity. Our text respects the same principle, while it goes without saying that the term ‘partner’ also includes female partners or non-binary persons.

How is the partnership concluded?

Partnerships can only be entered into by persons of the same biological sex, and both partners must meet certain legal requirements. One of these is full legal capacity, which ensures that the partners are able to perform legal acts. Another condition is that neither partner must already be registered in another partnership, or be married. The only exception is the transition from the original “registered partnership” to the new partnership under the current legislation, which is a new feature introduced by the legislation effective from January 2025.

Historically, Czech citizenship of at least one of the partners was also a condition for entering into a partnership. However, this condition has been removed from the legal framework over time. Today, persons of foreign nationality can also enter into a partnership if they meet the general conditions laid down by Czech law.

In the past, the registration of a partnership was possible only before one of the 14 registry offices in the Czech Republic, which significantly limited the flexibility and availability of this service. However, thanks to an amendment to the law, partners can now conclude their union at any registry office. This step has significantly aligned the rights of partners with those of spouses. At the same time, the possibilities of choosing the place of the ceremony have been expanded – future partners can choose, for example, a favourite place in the countryside or another location of their choice for their declaration, if the relevant registry office allows it.

As regards religious unions, Czech law does not explicitly address the possibility of same-sex unions. In theory, however, this possibility cannot be completely excluded if a particular church is willing to recognise such a union and grant it its spiritual authority. However, this area remains open, and its development is likely to depend on gradual changes in social perception and dialogue between the state and the churches.

The new legislation has also brought significant simplification in the area of surname choice. Partners can choose a common surname already at the time of partnership without having to apply for this change additionally and without having to pay administrative fees.

Marriage contracted abroad and its status in the Czech Republic

Many countries allow same-sex couples to marry legally, but this is not the case in the Czech Republic, where marriage is reserved for heterosexual couples. If two Czech citizens or persons of different nationalities marry abroad, Czech law does not automatically recognise the union as a marriage. Usually, such a union is classified as a partnership in the Czech Republic.

In order for a foreign marriage to be formally recognised as a civil partnership in the Czech Republic, it is necessary to apply for registration at the competent registry office. This application must be accompanied by a marriage certificate or similar document issued in the foreign country, which must be officially translated and certified. This procedure ensures that the partners’ relationship is legally recognised in the Czech Republic, even if it is not considered a marriage.

In countries where same-sex marriage is legal, partners are usually considered married. However, when they return or move to the Czech Republic, they must expect their status to be legally regulated as a partnership. This difference can cause certain legal complications, for example in inheritance proceedings or in matters of community of property. Partners should therefore be aware of the specifics of the Czech legal framework and consult a lawyer if necessary to minimise the risk of any misunderstandings.

What are the differences between partnership and marriage?

The amended law, effective from the beginning of 2025, represents a significant step towards bringing the rights of same-sex unions closer to those of married couples, although full equality has not yet been achieved. Partners are now subject to similar rules as spouses, except in those areas that the law specifically excludes. In this way, the amendment seeks to respond to long-standing demands not only from the professional community but also from same-sex couples themselves, who are calling for greater legal protection and certainty.

As already mentioned, registered partnerships cease to exist as a separate legal institution and are replaced by ‘mere’ partnerships. However, this change brings about a significant extension of the rights and obligations that apply to partners. One of the key innovations is the possibility to have a community of property, which was previously not possible for registered partners under the law. Previously, each partner had sole ownership of his or her property unless they deliberately opted for co-ownership with designated shares. The new legislation thus brings same-sex couples greater financial and property interdependence, reflecting the reality of their life together.

Another major change is the newly automatic inheritance in the first inheritance class, where partners inherit equally with the testator’s children. In the past, registered partners always had to think about making a will to ensure that their partner received a share of the inheritance. If no will was made, the registered partner could only inherit in the second class of succession, which was often problematic in practice. The amendment removes this problem and ensures that the partner is entitled to inherit even without a special arrangement. In addition, the partner also receives a preferential claim to the usual household goods if he or she shared a household with the deceased. This arrangement significantly strengthens his legal protection in crisis situations such as the death of a partner.

The surviving partner is also now entitled to a widow’s or widower’s pension, which is another important equalisation with married couples. This step brings greater social security for partners who lose their life partner and reflects the fact that same-sex couples face the same economic and social challenges as heterosexual couples.

The amendment also includes several other measures to make the daily life of same-sex couples easier. These include, for example, making it easier to exercise rights within health care facilities. Partners can now act in their partner’s interests without hindrance, for example when making decisions about healthcare or accessing information about their health.

Another simplification concerns administrative procedures, where the amendment introduces clearer rules and removes unnecessary obstacles that registered partners often faced. For example, it makes it easier for partners to deal with various official matters together or to submit applications relating to their common life.

This amendment represents an important step towards greater equality and respect for same-sex couples.