The Registrar may make the first gay marriage in late July, according to the deadlines set in the Bill. There is uncertainty in the interest of homosexual couples in marriage.
Broad parliamentary support that had equal marriage in the Senate project is expected to become law next Wednesday 10, when we vote in deputies. The initiative provides that it will enter into force after 90 days of promulgated and published in the official journal (both procedures can be met within a maximum 20 days).
The director of the Civil Registry, Adolfo Orellano, told El Pais that within the period of 90 days will be implemented a series of measures to perform the marriage of homosexual couples. "No match rules, but on the inside we need to adopt a series of procedures. Today we set the time of the marriage by the name of the future spouse male and that now changes to another logic that we have to see what will be."
As the project empowers parents to choose the order of the surnames of their children (which is chosen for the elder brother should be used for the other members of the family), the log will create a "warning computer" system that allows you to identify when a couple have already registered to a child with a particular surname. In this way is to avoid that children conceived within a same marriage have different last names.
"Will appear on the computer system of the registry a notice that already has a previous son annotated and therefore the criterion of fixation of the surname for the child applies for the subsequent", said Orellano.
In recent times the tendency to the decrease in marriages is repeated every year. 23.310 Weddings were held in 1975 in Uruguay and in 2010 the figure dropped to 10.629 unions, according to data from the National Statistics Institute (INE).
The figures from the Civil Registry on Weddings in Montevideo clearly demonstrates the trend. In 2008 there was 5.324 unions, total which in 2009 fell to 4,750, implying that there were 574 less weddings.
From the Registrar indicated that there are no elements that can anticipate demand which can have gay marriage in Uruguay. At the legislative level several lawmakers raised doubts about the use that will be standard.
The Senator Constanza Moreira (space 609) recognized during the parliamentary debate of the past Tuesday 2, "probably the law have often used", since "the heterosexual marriage is declining".
In the same line, said Senator Carlos Moreira (National Alliance). "Is counted on the fingers of both hands the set of couples who have used the Institute of the concubinaria union, were very few," said the legislator in reference to the lack of interest by legalize unions between persons of the same sex. Against this background, Moreira said that a great interest of marriage by homosexual couples can not be predicted.
JURISTS. Lawyer Laura Araújo, an expert in family law, said that the draft law enabling same-sex couples marriage "is an important milestone in the Uruguayan legal history and how will be to consider the unions from now on, since there will be a condition of absolute equality".
Araujo said that it is difficult to predict if more homosexual marriages marriages there is marital, legal possibility that same-sex couples have since January 2008 and that, in fact, has not been widely used.
"From the point of view of cultural it is best to be married, so it is possible to find us with more weddings than unions of gay marital", said the expert consulted.
Araujo said that in countries where gay marriage was approved had a "high number" of weddings, so "you might think" that the situation will be similar in Uruguay.
For his part, lawyer Ema Carozzi, also an expert in family law, said that it is feasible that, beyond the law is adopted, the massive existence of gay marriages will be "a matter of custom and social general acceptance," since it is a topic that must enter into the social customs.
Carozzi said that although homosexual couples showed no interest in the concubinaria union (though stressed that the "vast majority" of approved cases are gay marriages) likely marriage to arouse greater interest in couples who have kept the issue "as a vindictive" of equal rights.
From the technical point of view, Carozzi said that the Bill has "major technical defects" and argued that "If the subject had given more adequate treatment and had not been quickly approve it, surely there would be problems and that there is now".
In particular, Carozzi questioned keep the criterion of presumption of paternity allowing the Civil Code for heterosexual marriages for marriages of same-sex couples. "For example, in a marriage formed by two women, if one of them is pregnant not be can boast that another lady is the legal mother", he warned. "This implies adding illogical elements in articles that are not necessary if what you want is to approve marriage between same-sex couples," said Carozzi.
REBOUND EFFECT. For the sociologist and researcher Rosario Radakovich, "the institution of marriage is in crisis around the world, but this new legislation can attract gay couples to marry as a form of marking an option different from the rest."
The researcher said that in recent years the marriage had been reserved "for a group of people with some kind of religious behavior". However, with the adoption of this regulation and to adopt facilities that effect could be reversed.
"Marriage can attract them as a form of marking your choice. There may be a rebound factor behavior, but this is something that should be analyzed within 10 years", said the sociologist.
For Radakovich approval of equal marriage is "an achievement" in terms social to Uruguay, because they guarantee more rights to citizens. He said that it progress in the inclusion of aspects "modern and progressive character as the choice of the order of the surnames".
"The Uruguay had been leaving in history in terms of legislation and had distanced itself from the realities and social living conditions. So I think that, in social terms, this is a breakthrough,"Radakovich said.
At the cultural level, the sociologist understands that he arises a "great step forward in respect for the identity of the other and diversity".
CURRENT CIVIL CODE
Article 83 establishes the definition of marriage and, among other things, points out that since July 21, 1885 in Uruguay is not considered valid no union held outside the provisions of the Civil Code.
Article 97 regulates how marriages should be (with four witnesses, before an officer of Civil status) and where every groom will give the statement that "want to be husband and wife".
Article 148 provides the grounds for separation of marriage. In its paragraph 1 ° one speaks of "adultery".
Article 183 points out that her husband "is always obliged to" contribute to the maintenance of his ex-wife through a pension.
The code on children and adolescents, says that in cases of adoption "son replaced his surname the adoptive father and the second surname the adoptive mother. To be adopted by a single person replace only one of the surnames, following the rules laid down in the preceding".
Today, to get married, the minimum age for women is 12 years and 14 in man.
It defines marriage as "the permanent union pursuant to the law of two people of different or same sex", establishes the draft approved Tuesday by the Senate and that next week will be voted in Parliament.
The project maintains the formality of the ceremony, but instead of speaking of "husband and wife", it says "each party". The text eliminates all reference "husband and wife" and always speaks of "marriage" or "spouse".
The numeral 1 ° project points out: "There is adultery when had sexual intercourse outside of marriage with people of the same or different sex".
The draft says that when the marriage had lasted for "at least one year", the spouse or spouses should cooperate with his ex "for a period equal to the duration of the life of marriage together".
The project points out that the son adopted by heterosexual marriage first take the surname of the father and then the mother, but parents may choose to reverse the order previously established provided that there is agreement among them. The child within the same-sex marriage "will take the surnames of his parents in the order that they choose expressly". If there is no agreement, it will be a "draw to the moment of the registration, performed by the Civil status officer".
The project foresees: "Being either of the intending spouses minor sixteen years".
VALERIA GIL / PABLO MELENDREZ
Help improve translation. Click “Edit Translation” at top of page.