Gay marriage austria

In general, there are no particular gay-friendly areas in Austria. The country’s larger cities are also home to many gay-friendly areas, while a general air of inclusion pervades the nightlife scene. For the past two years, Austria is performing better than the OECD average when it comes to laws that address the unique challenges faced by same-sex couples and intersex individuals.

With same-sex marriages now holding the same rights as heterosexual marriages, the possibilities for adoption and reproductive medical treatments, Austria is gaining ground for its LGBT+ citizens.

Several groups in Austria continue to forward the cause and raise awareness, as well as provide support and community for LGBT+ individuals.

This new law would also allow heterosexual couples to enter a civil partnership. This legal recognition ensures that same-sex couples have the right to marry and enjoy the same legal standing as heterosexual couples. As such, there are many countries in eastern Europe that don’t recognize gay marriages that have been officiated in Austria.

It represents initiatives around anti-discrimination, victim protection, and human rights for those affected by hate crimes. Both male and female same-sex sexual activity is legal, with 14 as the legal age of consent. Similarly, weddings can be held almost anywhere in Austria; although an authorized representative officiates the ceremony. 

Registering a same-sex partnership in Austria

In Austria, marriages are distinct from partnerships, and this applies to same-sex couples as well.

These include the Vienna Pride festival which is held every June and is a main event on the queer calendar. This is because officially, the Catholic church does not support gay marriage. While very similar to marriage in terms of legal consequences, including obligations for cohabitation, mutual support, and inheritance rights, some minor differences persist.

As of 2018, intersex people are able to have their gender changed to ‘inter’, ‘other’, ‘X’, or simply leave it blank on their birth certificate. As such, many choose to tie the knot at places like the famous Hotel Sacher, the national library, or Belvedere Palace. The form must then be handed over by the other future spouse when registering to get married.

Austrian citizens who are single and fully competent need:

• official photo ID (valid passport or valid identity card)
• if their birth is not certified or registered in Austria: a document corresponding to a copy of the register of births
• the birth certificate, if born in Austria, for the purpose of possible subsequent entry in the Central Register of Civil Status (ZPR)
• proof of citizenship or entry in the Central Citizenship Register
• if the main residence is abroad: proof of main residence
• if necessary, documetary evidence of academic degrees and further documents or evidence on request

If you have already been married or in a registered partnership, you will additionally require:

• maririage certificate(s) of the previous marriage of partnership certificate of the previous registered partnership
• divorce certificate or proof of the annulment or declaration of invalidity of the previous marriage (decision or judgment with valid confirmation of legal force – stamp confirming legal force), judgment on the dissolution of the previous registered partnership
• if necessary, the death certificate of the spouse
• if necessary, the death certificate of the registered partner
• in the event of a foreign decision on dissolution of declaration of invalidity: the court decision on recognition provided with confirmation of legal force, provided that the Brussels IIa Regulation is not applicable

If you have a child or several joint children, you will additionally require

• birth certificate(s) of the joint child or children
• acknowledgement of paternity or parenthood of the joint children (if the father is not yet entered on the birth certificate(s)
• proof of citizenship, if available
• proof of residence of the children

If you are not present when registering for the banns of marriage, you will additionally require the ‘Declaration for determining marriageability’ form, which is available from every registry office.

You can find out which specific documents are required to register to get married in the case of foreign nationality from the competent registry office.

The original copy of foreign-language documents must be submitted together with a translation.

An Apostille may be required for recognition of the documents, for example.

In case of doubt, the original copy of a foreign-language document must be submitted together with a certified translation.

For instance, the dissolution of a registered partnership can be initiated after three years of separation, whereas a marriage typically requires six years.