Same-sex relationships are recognised in the microstate of Monaco. On 4 December 2019, the National Council passed a bill establishing "cohabitation agreements", which offer both same-sex and opposite-sex couples who enter them limited rights in the areas of inheritance and property. The law took effect on 27 June 2020.
Cohabitation agreements
The legislative process leading to the recognition of same-sex couples started in the early 2010s. In November 2010, an interview mentioned that Jean-Charles Gardetto, a member of the National Council and lawyer, was preparing a draft bill intending to legally define cohabitation, either for heterosexual or for homosexual couples. On 18 June 2013, the opposition partyUnion Monégasque submitted a bill to Parliament that would establish gender-neutral cohabitation agreements. The bill was immediately sent to the Women and Family Rights Commission for consideration. In July 2015, the commission's president stated that dialogue on the bill would begin in late 2015. Originally submitted as pacte de vie commune, the bill was amended to establish a "cohabitation agreement". The bill's rapporteur, Jean-Louis Grinda submitted his report on 7 September 2016. It was noted that the Monegasque administration already recognises concubinage since 2008, and that the European Court of Human Rights considers non-recognition of same-sex relationships to be contrary to the European Convention on Human Rights per Oliari and Others v Italy. On 27 October 2016, the National Council unanimously approved the resolution, giving the Council of Government the mandate to draft a bill establishing such unions. On 27 April 2017, it responded positively to the proposal, and said it would introduce a draft law by April 2018, following elections held in February 2018. The cohabitation agreement bill was finally introduced to the National Council on 16 April 2018. Under the bill, cohabiting same-sex and opposite-sex couples would be considered on par with siblings for inheritance taxes and not at the same level as married couples. The agreement, which is open to siblings and parents and children as well, also provides an enumerated set of property, social services and citizenship rights and reciprocal obligations. The contrat is signed in front of a notary and then deposited at a public registry. On 4 December 2019, the National Council unanimously approved the bill. The law was published in the official journal on 27 December 2019 and took effect six months later. Several lawmakers criticized the "hypocritical" opposition of Catholic officials, notably Archbishop Bernard Barsi, who had written to all deputies urging them to vote against the bill, noting that the law concerned solely civil matters and not religious ones. Many deputies called the law "long overdue", and president of the National Council Stéphane Valeri called it "great news for all couples".
Party
Voted for
Voted against
Abstained or Absent
Priorité Monaco
19
-
2
Horizon Monaco
2
-
-
Union Monégasque
1
-
-
Total
22
0
2
Public opinion
According to a survey conducted in 2007 by the Union pour Monaco party before the 2007 municipal elections, 51% of the respondents agreed that living in a registered partnership should be accepted. Monegasques being a minority in Monaco, the survey is not representative of the entire public's opinion.
