The introduction of the Civil Partnership Act means that civil partners are automatically entitled to the same next of kin rights as married couples.
The term 'next of kin' is widely used, but there is no statutory definition. In practice the general rule has been to recognise spouses and blood relatives as next of kin - this now extends to civil partners.
Although the term is vague, hospitals are frequently loath to give information to anyone other than those they regard as next of kin.
Given the development of case law in other areas we can see nothing that need prevent a same-sex partner describing his or herself as next of kin, although this may not always be accepted.
In relation to medical treatment, outside the mental health field an adult is the only person who can give valid consent to the administration of health care. English law does not recognise rights of proxy consent on behalf of an adult.
In cases where a patient is unable to give consent themselves healthcare professionals are obliged to treat a patient in accordance with his or her best interests. In reality they would undoubtedly discuss the position with partners or relatives, so establishing that you should be treated as next of kin is important.
In a worse-case scenario a same-sex partner not in a civil partnership could be excluded from all major decisions about treatment and we have been notified of instances where this has happened.
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