Rosario welcomes international equal marriage. Requirements

Rosario welcomes international equal marriage

Who can get married in Argentina?

Thanks to the passing of law 26,618 on July 21, 2010, any couple that complies with the requirements set by the Civil Code can exercise their right to marry irrespective of the biological sex, sexual orientation or gender identity of the intending spouses.

This law (also known as marriage equality law) recognizes the right to marry of heterosexuals, gays, lesbians, bisexuals, transexuals and transgendered persons.

In which provinces does this law apply?

Argentine marriage law is included in our Civil Code. Therefore, it applies throughout the country, irrespective of the city or province where intending spouses may chose to marry. Our country has entered into arrangements of reciprocal nature with different countries where a marriage celebrated in Argentina is considered valid.

Can non resident aliens (tourists) get married in Argentina?

Fourteen countries worldwide guarantee equality marriage rights to all couples. However, only Canada, Argentina and Nepal allow marriage of non-resident aliens (tourists). A recent decree issued by the Canadian government has restricted equal marriage of foreigners born in countries that do not have similar laws in place.

Article 20 from our National Constitution establishes that “in Argentina’s national territory, foreigners enjoy of all citizen's civil rights; therefore, they can (….) grant a will and marry pursuant  to the laws… ″ Argentine laws do not establish any particular requirement or make any difference in marriages celebrated between foreigners.[1]

Furthermore, in March 2012, the Civil Registry of the province of Santa Fe issued resolution …/2012 where it informs the personnel authorized to celebrate marriages across the provincial territory that, when intending spouses are aliens (temporary residents) “in order to exercise the right to marry of non resident aliens, a photocopy of the passport showing the stamp placed when entering the country or a duplicate of the migration card with the date of entrance to the country shall constitute evidence of temporary residence, and at least one of the intending spouses,  shall declare the address where he/she will dwell during his/her stay in our country”.

Therefore, any couple of tourists can get married in any Civil Registry in the province of Santa Fe. Although the National Constitution is explicit, there could be administrative obstacles in other parts of the country that would ultimately delay or prevent the exercise of the right to marry.

What requirements should foreigners meet to get married?

As mentioned before, any Civil Registry in the province of Santa Fe can perform a marriage between two non-resident aliens (tourists) if one or both intending spouses declare the address where they will dwell during their stay in the province (their hotel is a valid address).

Once in the chosen city, the intending spouses should get an appointment at the local Civil Registry. To that end, they should present their identity documents (for Mercosur member countries) or passports (for non-Mercosur member countries) and a copy of the form used to enter the country, where the above information is included.

Furthermore, the couple should complete a pre-marital medical exam, at CEMAR (Municipal Secretary of Health) 72 hours before the marriage.

To summarize, non resident couples of aliens (tourists) who wish to get married in any Civil Registry in the province of Santa Fe, should arrive in the province at least 96 hours before their marriage.

Marriage appointment and pre marital medical exam tests can be booked through the Argentine Federation of Lesbians, Gays, Bisexuals and Transexuals (the LGBT) at www.lgbt.org.ar / federacion@lgbt.org.ar),  the Municipal Sexual Diversity Area at (www.diversidad.gov.ar / diversidad@rosario.gov.ar), the Rosario Tourist Board at (www.rosarioturismo.com ) or any other organization involved in LGBT rights in the province.

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[1] Article 186 or the Civil Code establishes that “Intending spouses shall come before the public official in charge of the Civil Status and People’s Capacity Registry, at any of their addresses and shall submit an application that should include: 1° their names and surnames and the number of their identity documents, if any, 2° their age; 3° their nationality, address and place of birth,; 4° their profession; 5° their parents’ names and surnames, nationality and the numbers of their identity documents —in case they are known to the intending spouses— their profession and address; 6° whether this is their first marriage and in case it is not, name and surname of the former spouse, place of marriage and the reason to dissolve the marriage”.