Introduction to the Chapter

This chapter does not focus on cross-border “recognition” of validity of marriages or registered partnerships in private international law as such, but on closely interrelated topics of inclusion of the civil status into civil registry and the right of entry and residence in the State together with a same-sex partner or spouse. First, the reason for choosing these particular topics is discussed, and the explanation is provided on how they are interconnected with private international law ( section 4.2 ). Second, the chapter focuses on the regulation of these issues in each of the analysed States, in alphabetical order: section 4.3–4.4 on Estonia, section 4.5–4.6 on Latvia, section 4.7–4.8 on Lithuania and section 4.9–4.10 on Poland. The chapter ends with conclusions ( section 4.11 ).

The Interplay of the Chosen Topics With Private International Law

Why This Focus of Attention?

The reason for the choice of these particular topics, that is, the right to entry and residence with the spouse or registered partner, and the inclusion into civil registry of the marriages or partnerships concluded abroad, should be explained. The reason is simply that so far, these issues have been the focus of attention for the supranational European courts and the national courts.

Issues of “entry and residence” and “inclusion into civil registry” are at the frontiers chronologically, that is they arise first. There are no serious conflicts of interests and judicial disputes between the spouses or registered partners. The dispute is between the private individuals and State authorities. It is inevitable that conflicts of interests between spouses or registered partners will arise, and in about a decade a greater variety of cases might be expected.

Another reason why the issues of “entry and residence” with the spouse, and “inclusion of the status” into the national civil registry arise at this moment is the specificity of these issues. When a State authority adopts a decision not to issue a residence permit or not to include the marital status into the registry, this decision produces results in physical reality.