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When traveling abroad, how does a nation state know that a couple is married?

What laws are in place regarding hospitalization and next of kin?

What happens to a same-sex couple traveling to a nation that is not amicable to same-sex unions, say India?

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When traveling abroad, how does a nation state know that a couple is married?

Usually by accepting the couple's verbal statement. Some countries include a remark in a married person's passport with the name of the person's spouse, which is obviously more likely to be accepted in case of doubt, but not all countries do this.

The usual formal proof of a foreign marriage is a certified copy of the foreign marriage certificate with an apostille or similar legalization whereby the foreign ministry of the country where the document was issued (or, in some federal contexts, of a constituent entity) attests to the legitimacy of the official who certified the copy and to the authenticity of the certification. This is a fairly burdensome process that is normally associated with proving family relationships in connection with establishing residence in a foreign country. Nobody is going to expect visitors to have such documents. For a casual or temporary purpose such as hospital visitation rights, the certified copy might be helpful even if it is not legalized.

On the other hand, in a country where homosexuality is criminalized, the certificate could be used as evidence against the couple.

What laws are in place regarding hospitalization and next of kin?

This will be governed by national law. Human rights treaties probably have something to say about it, at least indirectly, but if your spouse is in the hospital that's not going to be of much use. Local law and the hospital's policy will control.

What happens to a same-sex couple traveling to a nation that is not amicable to same-sex unions, say India?

This is rather too broad, especially as it will depend on the sympathy of the people involved as well as on local law. The outcome could be anywhere from according full spousal visitation rights to the arrest of both spouses followed by conviction, imprisonment or possibly worse, deportation, and a ban on reentering the country.

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    Same sex couples who both have passports with the same family name might claim they are brothers in places where that is safer. And your brother should be accepted as your next of kin if you have to go to a hospital. However, in many countries it's having sex with the same gender that is criminal, not being married.
    – gnasher729
    Jan 10 at 13:49
  • @gnasher729 that seems an excellent suggestion. Even men with different surnames could claim to be brothers, and women with different surnames could certainly claim to be sisters, as names may be changed after birth and half siblings may have different names from birth. It seems less likely to arouse suspicion though, if the names are the same.
    – phoog
    Jan 10 at 13:53
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    @gnasher729 while you're probably right that there are juridictions where only sexual activity is criminalized, it is not difficult to imagine that such a jurisdiction might see a marriage certificate, especially in combination with other facts such as a hotel booking in the same room, as prima facie evidence of sexual activity. Most tourists won't know the jurisprudence. If your primary purpose isn't to test the limits of marriage rights, you're probably going to want to avoid raising the issue as far as possible, especially if your primary purpose is to be with your hospitalized spouse.
    – phoog
    Jan 10 at 13:57
  • I was told that by Shariah law four living witnesses are required (no prima facie evidence, not even western style evidence beyond reasonable doubt, but literally four witnesses). Yes, I wouldn't try it.
    – gnasher729
    Jan 10 at 14:08
  • A power of attorney (perhaps both medical and durable) might be advisable for a same sex couple, or simply an unrelated unmarried couple, traveling abroad. Two men or two women or a man and a woman can be simply traveling companions (although an opposite sex couple in Indonesia might want a marriage certificate since cohabitation when unmarried is a crime there).
    – ohwilleke
    Jan 10 at 23:19

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