Equal rights for same-sex couples on BES islands

September 15, 2010 11:11 AM

THE HAGUE--Same-sex couples married outside the Netherlands living in Bonaire, St. Eustatius and Saba will have the same rights as those who tied the knot in the Netherlands, and so will their possible adopted children.

The same applies for same-sex couples with a registered partnership.

The Dutch Government sent a second Note of Amendment to the Second Adaptation Law Public Entities Bonaire, St. Eustatius and Saba, the A-BES II, to the Second Chamber this week to regulate the matter of same-sex marriages conducted outside the Netherlands. There will be a similar arrangement for registered partnerships of same-sex couples drawn up outside the Netherlands.

Members of the Second Chamber had inquired about possible discrimination on the three islands of persons of the same sex who had married outside the Netherlands. The Dutch Government agreed that that this was an "undesirable situation."

Not only would excluding those couples married outside the Netherlands be in conflict with international civil law, but it might also violate international obligations of the Kingdom, including friendship treaties.

The Hague has solved the issue by applying the Law of Conflict in Marriage Rights to the three islands. The added articles to the Adaptation Law serve to prevent uncertainty on the legal consequences in Bonaire, St. Eustatius and Saba for Dutch marriages or registered partnerships between two persons of the same sex, and for adoptions proclaimed in the Netherlands.

Bonaire, St. Eustatius and Saba become part of the Dutch Constellation as public entities per October 10, 2010. Within two years after this date, people of the same sex will be able to get married on the islands, just as in the Netherlands. The Second Chamber approved an amendment to the law earlier this year to make this possible.

15 September 2010