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Their main argument held that treating fundamentally different situations the same way, violates the equality principle of the Constitution.Originally, Belgium allowed the marriages of foreign same-sex couples only if their country of origin also allowed these unions.King Albert II signed and promulgated the bill on 13 February 2003 and on 28 February it was published in the Belgian Official Journal and came into force on 1 June.The first paragraph of article 143 of the Belgian Civil Code (Book I, Title V, Chapter I) now reads as follows: In November 2003, opponents of same-sex marriage petitioned the Arbitration Court to invalidate the law as unconstitutional.The same-sex marriage law did not permit adoption by same-sex partners, and as birth within a same-sex marriage did not imply affiliation, the same-sex spouse of the biological parent had no way to become the legal parent.A proposal to permit adoption was approved 77–62 (with 7 abstentions) by the Chamber of Representatives on 1 December 2005, A legal inequality compared to heterosexual couples still existed with regards to children: the husband of the biological mother is automatically legally recognised as the father (by article 135 of the Civil Code), but this was not the case in a same-sex couple for the wife of the mother.

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This was codified into the Code on International Private Law, which took effect on 1 October 2004.

It passed in the full Senate on 28 November 2002, with 46 votes to 15 (and 4 abstentions) and on 30 January 2003, the bill passed the Chamber of Representatives by 91 votes to 22 (and 9 abstentions).

The Flemish Liberals and Democrats, Christian Democratic and Flemish, (Francophone) Socialist Party, (Flemish) Socialist Party, Ecolo, Agalev and the People's Union voted generally in favour except for several abstentions, whereas the Flemish Block and National Front voted against, the Humanist Democratic Centre voted against with several abstentions and the Reformist Movement voted mostly against.

It was mostly intended as a response to the lowering marriage rates, rather than giving rights to same-sex couples.

In 1998, the bill was changed to "statutory cohabitation" (Dutch: ) and finally voted on.

Nevertheless, new momentum was gained at the start of the new parliamentary year in October 2002.