Civil Partnerships, Marriages And Deaths (Registration Etc) Act 2019
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The Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (c. 12) is an
Act of Parliament of the United Kingdom An act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London. An act of Parliament can be enforced in all four of the UK constituent countries (England, Scotland, Wales and Northern Ire ...
which changes
civil partnerships A civil union (also known as a Civil partnership in the United Kingdom, civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for Same-sex relationship, same-sex couples. Civi ...
to include
heterosexual Heterosexuality is romantic attraction, sexual attraction, or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions ...
couples, the way in which
stillbirth Stillbirth is typically defined as fetus, fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without vital signs, signs of life. A stillbirth can often result in the feeling of guilt (emotio ...
s are recorded and how a
Coroner's inquest A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death. The official may also investigate or confirm the identity of an unknown person who has been found dead within th ...
into stillbirths are conducted.


Background

This Act was created in response to the unanimous judgement of the
Supreme Court of the United Kingdom The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases ...
in the case ''R (on the application of Steinfeld and Keidan) v
Secretary of State for International Development The minister of state for development, formerly the minister of state for development and Africa and the secretary of state for international development, is a senior minister of the Crown within the Government of the United Kingdom. The offic ...
'' in 2018 that ruled after the
Marriage (Same Sex Couples) Act 2013 The Marriage (Same Sex Couples) Act 2013 (c. 30) is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales. Background Civil partnerships were Civil partnership in the United Kingdom, introduce ...
, the Government was not justified in spending years reviewing the inequality between
heterosexual Heterosexuality is romantic attraction, sexual attraction, or sexual behavior between people of the opposite sex or gender. As a sexual orientation, heterosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions ...
and homosexual couples in relation to civil partnerships. The court made a declaration of incompatibility based on Article 14 (prohibition on discrimination) and Article 8 (right to respect for private life) of the
European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...
(ECHR) on the basis that the
Civil Partnership Act 2004 The Civil Partnership Act 2004 (c. 33) is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil ...
discriminates against heterosexual couples by precluding them from entering into civil partnerships. Before this Act, the Births and Deaths Registration Act 1953 required all still-births (where a baby is still-born after 24 weeks
gestation Gestation is the period of development during the carrying of an embryo, and later fetus, inside viviparous animals (the embryo develops within the parent). It is typical for mammals, but also occurs for some non-mammals. Mammals during pregn ...
) to be registered by a registrar. Parents of babies who were still-born receive a medical certificate certifying the still-birth and, upon registration, could register the baby's name and receive a certificate of registration of still-birth. When a pregnancy ended before 24 weeks gestation, however, there was no formal process for parents to legally register the loss.


Provisions

The Act has the following effects: * to allow opposite sex couples to enter a civil partnership to reform how marriages are registered, and register the names of the mother of each party in a marriage or civil partnership * to require the Secretary of State to report on whether the law should be changed to allow the registration of pregnancy losses which cannot be registered as still-births under the Births and Deaths Registration Act 1953 * to report on giving coroners powers to investigate stillborn deaths


See also

*
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is an Act of the Oireachtas ( Irish Parliament) which allows same-sex couples to enter into civil partnerships. The Act also provides rights for participants in lon ...
*
Civil partnership in the United Kingdom Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004, ''Civil Partnership Act 2004'' by the Labour govern ...


References


External links


Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019
at legislation.gov.uk {{Authority control United Kingdom Acts of Parliament 2019 Civil rights and liberties in the United Kingdom LGBTQ law in the United Kingdom 2019 in LGBTQ history Marriage law in the United Kingdom Stillbirth