Same-sex marriage

Pursuant to the Law of 13 February 2003 (Belgian Official Gazette of 28 February 2003) allowing same-sex marriages and amending certain provisions in the Civil Code (in force since 1 June 2003), difference of sex (gender) is no longer a condition governing marriage. Marriage is therefore authorised for "two people of different sexes or of the same sex ".
The regulations for concluding, terminating and the effects of marriage are applicable to a same-sex marriage but this marriage has no effect in terms of filiation. Two spouses of the same sex are not allowed to adopt.
Nationality of the future same-sex spouses
The question of whether two people of the same sex may marry or otherwise is decided in the light of the substantive conditions of the marriage and pursuant to international private law they are covered by the personal status of spouses (article 3 of the Code civil).
In the case of two future spouses of the same nationality, the law applied to determine the substantive conditions of the marriage is their common national law. When the future spouses have different nationalities, each one of them has to meet the conditions laid down by his/her own national law. Article 64, § 1, of the Civil Code specifies the documents that have to be provided to the registrar of births, marriages and deaths during the declaration of marriage and, in particular, any instrument drawn up by a public notary which shows that the interested party meets the conditions required in order to get married. Pursuant to this provision, non-Belgian nationals who refer to the right to a same-sex marriage under the law of the country of which they are nationals have to provide formal evidence, in an official document issued by the authorities in their country of origin, stating that a same-sex marriage is possible according to the regulations in force in the country. The circular of 8 May 2003 specifies that the affidavit of law concerning marriage customs normally required is not sufficient in this respect. Legislative texts rarely show that the marriage system is provided solely for opposite-sex couples.
A same-sex marriage entered into outside Belgium will be recognised in Belgium only if the respective national laws of the spouses recognise this type of marriage.
Same-sex marriage recognised abroad
As a result of allowing same-sex couples to marry, Belgium has established a legal institution not yet known as such in other countries, hence there is always the chance that such marriages are not recognised in some countries. Situations will occur where certain marriages will be quite valid in Belgium, and/or, at the same time their effect will not be recognised at all abroad.
The circular of 8 May 2003 recommends that the registrar of births, marriages and deaths should draw the attention of the interested parties to the possible inconveniences abroad of these marriages. It is in the interest of the future spouses to be properly advised about their legal status should they establish themselves abroad, or should they already have acquired or may subsequently acquire proprietary or other interests.