CHAPTER 815f
CIVIL UNION

      Sec. 46b-38aa. (Note: This section is repealed, effective October 1, 2010.) Definitions. For the purposes of sections 46b-38aa to 46b-38oo, inclusive:

      (1) "Civil union" means a union established pursuant to sections 46b-38aa to 46b-38oo, inclusive, between two eligible persons; and

      (2) "Party to a civil union" means a person who has established a civil union pursuant to sections 46b-38aa to 46b-38oo, inclusive.

      (P.A. 05-10, S. 1; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38bb. (Note: This section is repealed, effective October 1, 2010.) Eligibility. A person is eligible to enter into a civil union if such person is:

      (1) Not a party to another civil union or a marriage;

      (2) Of the same sex as the other party to the civil union;

      (3) At least eighteen years of age; and

      (4) Not prohibited from entering into a civil union pursuant to section 46b-38cc.

      (P.A. 05-10, S. 2; 05-288, S. 227; P.A. 09-13, S. 21.)

      History: P.A. 05-288 made a technical change in Subdiv. (3); P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38cc. (Note: This section is repealed, effective October 1, 2010.) Kindred prohibited from entering into civil union. (a) A woman shall not enter into a civil union with her mother, grandmother, daughter, granddaughter, sister, brother's daughter, sister's daughter, father's sister or mother's sister.

      (b) A man shall not enter into a civil union with his father, grandfather, son, grandson, brother, brother's son, sister's son, father's brother or mother's brother.

      (c) A civil union between persons prohibited from entering into a civil union pursuant to subsection (a) or (b) of this section is void.

      (P.A. 05-10, S. 3; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38dd. (Note: This section is repealed, effective October 1, 2010.) Persons authorized to join persons in a civil union. (a) Persons authorized to solemnize civil unions include (1) all judges and retired judges, either elected or appointed, including federal judges and judges of other states who may legally join persons in marriage or a civil union in their jurisdictions, (2) family support magistrates, state referees and justices of the peace who are appointed in Connecticut, and (3) all ordained or licensed members of the clergy, belonging to this state or any other state, as long as they continue in the work of the ministry. All civil unions solemnized according to the forms and usages of any religious denomination in this state are valid. All civil unions attempted to be celebrated by any other person are void.

      (b) No public official legally authorized to issue civil union licenses may join persons in a civil union under authority of a license issued by such official, or such official's assistant or deputy; nor may any such assistant or deputy join persons in a civil union under authority of a license issued by such public official.

      (c) Any person violating any provision of this section shall be fined not more than fifty dollars.

      (P.A. 05-10, S. 4; P.A. 07-79, S. 7; P.A. 09-13, S. 21.)

      History: P.A. 07-79 amended Subsec. (a) by adding Subdiv. designators (1) to (3) and revising provisions re persons authorized to solemnize civil unions within the state; P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38ee. (Note: This section is repealed, effective October 1, 2010.) Penalty for unauthorized joining of persons in a civil union. Any person who undertakes to join persons in a civil union, knowing that such person is not authorized to do so, shall be fined not more than five hundred dollars or imprisoned not more than one year or both.

      (P.A. 05-10, S. 5; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38ff. (Note: This section is repealed, effective October 1, 2010.) Failure or refusal to join persons in a civil union. Any person authorized to join persons in a civil union pursuant to section 46b-38dd who fails or refuses for any reason to join persons in a civil union shall not be subject to any fine or other penalty for such failure or refusal.

      (P.A. 05-10, S. 6; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38gg. (Note: This section is repealed, effective October 1, 2010.) License. Period of validity. Penalty for solemnization without license. Validity of civil union ceremony. (a) No persons may be joined in a civil union in this state until both have complied with the provisions of sections 46b-38hh to 46b-38jj, inclusive, and have been issued a license by the registrar of vital statistics for the town in which (1) the civil union is to be celebrated, or (2) either person to be joined in the civil union resides, which license shall bear the certification of the registrar that the persons named therein have complied with the provisions of sections 46b-38hh to 46b-38jj, inclusive.

      (b) Such license, when certified by the registrar, is sufficient authority for any person authorized to perform a civil union ceremony in this state to join such persons in a civil union, provided the ceremony is performed not more than sixty-five days after the date of application.

      (c) Any person who joins any persons in a civil union without having received such license from them shall be fined not more than one hundred dollars.

      (d) In order to be valid in this state, a civil union ceremony shall be conducted by and in the physical presence of a person who is authorized to solemnize civil unions or marriages.

      (P.A. 05-10, S. 7; P.A. 07-79, S. 8; P.A. 09-13, S. 21.)

      History: P.A. 07-79 added Subsec. (d) to require civil union ceremonies to be conducted by and in the presence of a person authorized to solemnize civil unions or marriages; P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38hh. (Note: This section is repealed, effective October 1, 2010.) Application for license. No license for a civil union may be issued by the registrar of vital statistics until both persons have appeared before the registrar and made application for a license. The license shall be completed in its entirety, dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. The Social Security numbers of the two persons shall be recorded in the "administrative purposes" section of the license. If the license is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application. The registrar shall issue a copy of sections 46b-38aa to 46b-38oo, inclusive, to any person making application for a license.

      (P.A. 05-10, S. 8; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38ii. (Note: This section is repealed, effective October 1, 2010.) Issuance of license to person under conservatorship. (a) No civil union license may be issued to any applicant under the supervision or control of a conservator, appointed in accordance with sections 45a-644 to 45a-662, inclusive, unless the written consent of the conservator, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5a or authorized to take acknowledgments in any other state or country, is filed with the registrar of vital statistics.

      (b) Any person who enters into a civil union without the consent provided for in subsection (a) of this section shall acquire no rights by such civil union in the property of any person who was under such control or supervision at the time the civil union was entered into.

      (P.A. 05-10, S. 9; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38jj. (Note: This section is repealed, effective October 1, 2010.) Issuance of license to minor prohibited. No civil union license may be issued to any applicant under eighteen years of age.

      (P.A. 05-10, S. 10; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38kk. (Note: This section is repealed, effective October 1, 2010.) Civil union certificate. Affidavit in lieu of certificate. (a) Each person who joins any person in a civil union shall certify upon the license certificate the fact, time and place of the civil union, and return it to the registrar of vital statistics of the town where the civil union was celebrated, before or during the first week of the month following the celebration of the civil union. Any person who fails to do so shall be fined not more than ten dollars.

      (b) If any person fails to return the certificate to the registrar of vital statistics, as required under subsection (a) of this section, the persons joined in a civil union may provide the registrar with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the civil union. Upon the recording of such affidavit by the registrar of vital statistics, the civil union of the affiants shall be deemed to be valid as of the date of the civil union stated in the affidavit.

      (P.A. 05-10, S. 11; 05-288, S. 228; P.A. 09-13, S. 21.)

      History: P.A. 05-288 amended Subsec. (a) by replacing "the town where it was issued" with "the town where the civil union was celebrated"; P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38ll. (Note: This section is repealed, effective October 1, 2010.) Evidentiary weight of certificate or affidavit. The certificate required by section 46b-38kk or an affidavit recorded pursuant to subsection (b) of said section shall be prima facie evidence of the facts stated in them.

      (P.A. 05-10, S. 12; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38mm. (Note: This section is repealed, effective October 1, 2010.) Validity of civil union celebrated in foreign country. All civil unions in which one or both parties are citizens of this state, celebrated in a foreign country, shall be valid, provided: (1) Each party would have legal capacity to contract such civil union in this state and the civil union is celebrated in conformity with the law of that country; or (2) the civil union is celebrated in the presence of the ambassador or minister to that country from the United States or in the presence of a consular officer of the United States accredited to such country, at a place within his or her consular jurisdiction, by any ordained or licensed member of the clergy engaged in the work of the ministry in any state of the United States or in any foreign country.

      (P.A. 05-10, S. 13; P.A. 09-13, S. 21.)

      History: P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38nn. (Note: This section is repealed, effective October 1, 2010.) Equality of benefits, protections and responsibilities. Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage.

      (P.A. 05-10, S. 14; P.A. 09-13, S. 10, 21.)

      History: P.A. 09-13 deleted provision defining marriage as the union of one man and one woman, effective April 23, 2009, and repealed section, effective October 1, 2010.

      Sec. 46b-38oo. (Note: This section is repealed, effective October 1, 2010.) Applicability of statutes to civil unions, civil union status and parties to a civil union. Wherever in the general statutes the terms "spouse", "family", "immediate family", "dependent", "next of kin" or any other term that denotes the spousal relationship are used or defined, a party to a civil union shall be included in such use or definition, and wherever in the general statutes, except sections 7-45 and 17b-137a, subdivision (4) of section 45a-727a, and sections 46b-20 to 46b-34, inclusive, 46b-38nn and 46b-150d, the term "marriage" is used or defined, a civil union shall be included in such use or definition. Wherever in the general statutes, except sections 46a-60, 46a-64, 46a-64c and 46a-66, the term "marital status" is used or defined, civil union status shall be included in such use or definition.

      (P.A. 05-10, S. 15; P.A. 07-245, S. 2; P.A. 09-13, S. 21.)

      History: P.A. 07-245 added provision re wherever in the general statutes, except Secs. 46a-60, 46a-64, 46a-64c and 46a-66, "marital status" is used or defined, civil union status shall be included in such use or definition, effective July 10, 2007; P.A. 09-13 repealed section, effective October 1, 2010.

      Sec. 46b-38qq. Merger of civil union into marriage by action of the parties. (a) On and after April 23, 2009, and prior to October 1, 2010, two persons who are parties to a civil union entered into pursuant to sections 46b-38aa to 46b-38oo, inclusive, may apply for and be issued a marriage license, provided such persons are otherwise eligible to marry under chapter 815e and the parties to the marriage will be the same as the parties to the civil union.

      (b) After the celebration of such marriage and upon the recording of the license certificate or notarized affidavit with the registrar of vital statistics of the town where the marriage took place pursuant to section 46b-34, the civil union of such persons shall be merged into the marriage by operation of law as of the date of the marriage stated in the certificate or affidavit.

      (P.A. 09-13, S. 11.)

      History: P.A. 09-13 effective April 23, 2009.

      Sec. 46b-38rr. Merger of civil union into marriage by default. Exception. (a) Two persons who are parties to a civil union established pursuant to sections 46b-38aa to 46b-38oo, inclusive, that has not been dissolved or annulled by the parties or merged into a marriage by operation of law under section 46b-38qq as of October 1, 2010, shall be deemed to be married under chapter 815e on said date and such civil union shall be merged into such marriage by operation of law on said date.

      (b) Notwithstanding the provisions of subsection (a) of this section, the parties to a civil union with respect to which a proceeding for dissolution, annulment or legal separation is pending on October 1, 2010, shall not be deemed to be married on said date and such civil union shall not be merged into such marriage by operation of law but shall continue to be governed by the provisions of the general statutes applicable to civil unions in effect prior to October 1, 2010.

      (P.A. 09-13, S. 12.)

      History: P.A. 09-13 effective April 23, 2009.

      Sec. 46b-38ss. Savings clause. Nothing in section 46b-38qq or 46b-38rr or section 21 of public act 09-13* shall impair or affect any action or proceeding commenced, or any right or benefit accrued, or responsibility incurred, by a party to a civil union prior to October 1, 2010.

      (P.A. 09-13, S. 13.)

      *Note: Section 21 of public act 09-13 repealed sections 46b-38aa to 46b-38oo, inclusive, effective October 1, 2010.

      History: P.A. 09-13 effective April 23, 2009.