Law No. 76 of 2016 – “Regulation of Civil Unions Between Persons of the Same Sex and Provisions on Cohabitation,” also known as the “Cirinnà Law”, governs, on the one hand, the relationship between two persons of the same sex, referred to as a “Civil Union”, and, on the other hand, the cohabitation of two persons of the same or different sex.
Cohabitation
Cohabitation, regulated by Law No. 76/2016, is distinct from civil unions and does not alter the civil status of the parties, as it is governed solely within the framework of the registry system. Only Italian citizens with a shared address of residence within the same consular district may declare cohabitation with a person of a different sex at the competent consular office, and only if both nationals are registered with the AIRE (Registry of Italians Abroad) of the same municipality.
If the parties have different nationalities and reside in a foreign country, the law of that country shall apply. Following the submission of the cohabitation declaration, the Italian municipality may issue a certificate establishing an administrative family unit.
Civil Unions
A civil union constitutes a social formation between persons of the same sex from which a change in the civil status of the parties derives.
An Italian citizen intending to enter into a civil union abroad may contact the competent Italian consular office for residence. At the time of establishing the civil union, the parties may also make declarations regarding the choice of a common surname and/or the property regime of assets.
Civil unions established at an Italian consular office are transcribed in the civil status registers of the municipality where the Italian citizen is registered with AIRE.
Pursuant to the 1963 Vienna Convention on Consular Relations, the Italian Consular Authority may perform the functions of a civil registrar provided that the laws and regulations of the receiving State are not contravened. Therefore, it is not always possible to establish civil unions abroad.
Philippine law does not recognise marriages between persons of the same sex nor equivalent civil unions. For reasons of institutional propriety and in accordance with Article 12 of DPR 71/2011, the Italian Consular Authority does not solemnise civil unions in the Philippines.