General information on registered partnerships
Advice
With its decision of 4 December 2017 (→ VfGH)German text, the Constitutional Court repealed the provisions which distinguished between opposite-sex and same-sex couples. This means that opposite-sex couples in Austria can also enter into a registered partnership. This has in principle been possible since 1 January 2019.
In a registered partnership, two people enter into a long-term cohabiting relationship with rights and obligations towards one another.
A registered partnership is established by both partners attending an authority responsible for civil status, in person and at the same time (registry officeGerman text). The registrar asks each of the partners one after the other in the presence of two (or only one or no witnesses if desired) if they want to enter into a registered partnership with one another. After these questions are answered in the affirmative, the registrar will pronounce them legally registered partners. It is also possible to enter into a registered partnership outside the official premises of the registry office, provided that the location reflects the significance of the registered partnership. The registrar sets down a written record of the establishment of the registered partnership.
Conditions for entering into a registered partnership:
- being of legal age
- being eligible for a partnership
- having no valid marriage
- having no valid registered partnership
- not being related in a direct line, not being full or half-siblings, not having an adoptive relationship
Advice
Prior to 31 December 2018, a registered partnership could only be entered into by two people of the same sex.
Appeal
An appeal against a decision by the department responsible for civil status ("Standesamt", registry office) can be filed with the relevant Regional Adminstrative Court. This must be submitted within four weeks to the authority which issued the decision.
Legal basis
- Eingetragene Partnerschaft-Gesetz (EPG)
- Personenstandsgesetz
- Personenstandsgesetz-Durchführungsverordnung
- Federal Ministry of the Interior
- Federal Ministry of Justice