July 22, 2023, 11:44 AM
July 22, 2023, 11:44 AM
The Plenary Chamber of the Supreme Electoral Tribunal (TSE) modified the Regulation of Free Unions so that same-sex couples legalize their union, that is, may exercise concubinage, although in no case marriagebut under the same conditions as heterosexual couples, the same requirements and terms in order for them to enjoy their rights and obligations, confirms an official bulletin.
“The regulation does not speak of getting married, there is no legalized marriage in people of the same sex, they are free unions, something other than marriage, what was previously known as de facto marriage. It can be defined as concubinage, that’s as far as the measure goes”, explained the national director of the Civic Registry Service (Serecí), Javier Hinojosa.
With the modification of the regulation, there is already a normative basis for the Serecí to attend to these requests without there being treatment of interpretation or complication with the principle of favorability or equality to these requests”, he added.
In other words, the Free Union Regulations were modified, according to Resolution TSE-RSP-ADM No. 0175/2023, on June 22, after having notified the Plenary Chamber of the TSE with Constitutional Judgment 0577/2022, issued by the Plurinational Constitutional Court (TCP).
Now is integrated into the legal system of regulatory provisions to allow the registration of unions of people of the same sex, added the Director of the Serecí.
The necessary requirements for those who submit this application They are the following: current identity card for Bolivians and Bolivians, foreigner identity card or passport for foreigners; original and updated birth certificate of the applicant spouse, and in case he or she is a foreigner “duly apostilled or legalized as corresponds to the competent authority”, says the regulation. The fourth requirement is free union registration application formprovided by the civil registry officer, or can be downloaded from the institutional website.
In the process, applicants will request the registration of their union before a civil registry officerpresenting all the documentation required as requirements and must pay the cost of the procedure that will be approved by the Plenary Chamber of the TSE at the time it is carried out.
The civil registry officer must verify compliance with all the requirements. In addition, “to verify that one of the spouses does not have State freedom at the time of the request”, that is to say, that he is married or registered another free union, “The procedure will be rejected on the record signed by the Civil Registry officer.”
If there are no problems, with the presence of both spouses at the Civil Registry office, the Free Union Registry will be established in the corresponding database. thenor, the applicants and the official must sign the item that must be printed in three copies to later issue the free union certification.
As it is registered, so it is also cancelled. This regulation says that “the separation or unity of the free union issued by competent authorities, must be registered in the departmental or regional addresses of the Serecí, in accordance with the provisions of the Code of families and family proceedings, covering the cost of the procedure, which will be the one approved by the Plenary Chamber of the TSE that is in force when the annulment is processed.”
Therefore, the modifications made to the Regulations are regarding the free union of same-sex couples, because before the wording was focused on the union of people of different sex. Currently, a more generic wording has been incorporated and within this regulatory framework all the Civic Registry services of the nine departments have to act, Hinojosa said.
Before, Article 18 set the tariffs to cover the costs of providing valued services and papers, now it no longer contains that part because there is another specific norm on tariffs according to Resolution No. 076/2017, of March 15, approved by the Plenary Chamber of the TSE, informed the National Director of the Serecí.
He clarified that at no time were requirements such as a “coexistence commitment” required, because that document does not exist, and that the free unions, recognized before SC 0577/2022 issued by the TCP was made public, were carried out under the protection of the Resolution of the Constitutional Chamber of the Departmental Court of Justice of La Paz, in the year 2020.