The Civil Partnership Act, which came into law at the start of the year, contains glaring omissions governing the rights of children and the protection of the family home, according to a report published this afternoon.
The Missing Pieces report, published by equal-rights organisation Marriage Equality, found 169 differences in treatment between married couples and same-sex couples who are registered civil partners.
The differences in treatment mean that civil partners and their families have less rights and protections across a range of legislation including children’s rights, the family home, immigration, taxation and court procedures.
The family home is referred to as the “shared home” under the Civil Partnership Act. Children are omitted from the shared home provisions meaning their home is not protected, according to the report’s author Paula Fagan.
“Guardianship rights have not been extended under the Act nor has any equivalent regime been introduced. And that means the law does not reflect the connection between children and their non-biological parent,” she said.
“It remains the case that only a married couple can adopt jointly and civil partners cannot adopt as a couple.”
The report highlighted significant differences in treatment for married couples and civil partners if they decide to separate.
“There is a lack of judicial separation for civil partners. The definition of separation for a married couple is broad enough to include a situation where partners remain living under the same roof but have separated,” said Ms Fagan. “
“And that’s very important in today’s economic climate where couples find themselves saddled with negative equity and the reality is they cannot sell their house even if they separate. And they can’t afford to pay additional rent on top of mortgage repayments.”
Marriage Equality chairwoman Grainne Healy said it was vital that people did not think civil partnership was the same as civil marriage.
“Civil partnership is an unequal separate institution creating inequality, discrimination and hardship for same sex couples and their families. There is a complete lack of recognition for family rights,” she said.
"This inequity must end. Civil marriage for same sex couples must be introduced. The time to legislate is now.”
The report was launched in conjunction with a poster campaign and a short film Rory's Story highlighting the discrimination same sex families face.