CHAPTER 815f
CIVIL UNION

Table of Contents

Secs. 46b-38aa to 46b-38oo. Definitions. Eligibility. Kindred prohibited from entering into civil union. Persons authorized to join persons in a civil union. Penalty for unauthorized joining of persons in a civil union. Failure or refusal to join persons in a civil union. License; period of validity; penalty for solemnization without license; validity of civil union ceremony. Application for license. Issuance of license to person under conservatorship. Issuance of license to minor prohibited. Civil union certificate; affidavit in lieu of certificate. Evidentiary weight of certificate or affidavit. Validity of civil union celebrated in foreign country. Equality of benefits, protections and responsibilities. Applicability of statutes to civil unions, civil union status and parties to a civil union.
Sec. 46b-38pp. Applicability of estate tax, gift tax and income tax to parties to a civil union.
Sec. 46b-38qq. Merger of civil union into marriage by action of the parties.
Sec. 46b-38rr. Merger of civil union into marriage by default. Exception.
Sec. 46b-38ss. Savings clause.
Sec. 46b-39.

      Secs. 46b-38aa to 46b-38oo. Definitions. Eligibility. Kindred prohibited from entering into civil union. Persons authorized to join persons in a civil union. Penalty for unauthorized joining of persons in a civil union. Failure or refusal to join persons in a civil union. License; period of validity; penalty for solemnization without license; validity of civil union ceremony. Application for license. Issuance of license to person under conservatorship. Issuance of license to minor prohibited. Civil union certificate; affidavit in lieu of certificate. Evidentiary weight of certificate or affidavit. Validity of civil union celebrated in foreign country. Equality of benefits, protections and responsibilities. Applicability of statutes to civil unions, civil union status and parties to a civil union. Sections 46b-38aa to 46b-38oo, inclusive, are repealed, effective October 1, 2010.

      (P.A. 05-10, S. 1-15; 05-288, S. 227, 228; P.A. 07-79, S. 7, 8; 07-245, S. 2; P.A. 09-13, S. 10, 21.)

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      Sec. 46b-38pp. Applicability of estate tax, gift tax and income tax to parties to a civil union. The provisions of chapters 217, 228c and 229 shall apply to parties to a civil union recognized under the laws of this state as if federal income tax law and federal estate and gift tax law recognized such a civil union in the same manner as Connecticut law.

      (June Sp. Sess. P.A. 05-3, S. 58.)

      History: June Sp. Sess. P.A. 05-3 effective June 30, 2005, and applicable to taxable years commencing, gifts made, and estates of decedents dying on or after January 1, 2006.

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      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.

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      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.

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      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.

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      Sec. 46b-39. Reserved for future use.

      Note: Chapters 815g to 815i, inclusive, are also reserved for future use.

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