Recognition of same-sex unions in Serbia

Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is constitutionally banned under the Constitution of Serbia adopted in 2006. There have been discussions in the National Assembly to legalize civil unions.^[1]

Civil unions

 

Laws regarding same-sex partnerships in Europe¹

  Marriage

  Civil union

  Limited domestic recognition (cohabitation)

  Limited foreign recognition (residency rights)

  Unrecognized

  Constitution limits marriage to opposite-sex couples

¹ May include recent laws or court decisions that have not yet entered into effect.

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In January 2011, the Ministry of Foreign Affairs gave permission to the British embassy in Belgrade to conduct civil partnership ceremonies between two British citizens or a British citizen and a non-Serbian national. The French embassy in Belgrade also offers civil solidarity pacts to French citizens and their foreign partners.

Attempts to pass civil union legislation

In May 2013, it was announced that a draft law on same-sex civil partnerships would be introduced to the National Assembly on 4 June. The law would allow hospital visitation and inheritance rights for same-sex partners, although it was not known whether this would be in the form of unregistered cohabitation or registered partnerships.^[2] The draft bill stalled and was never voted on.

In June 2019, plans were announced to amend the Civil Code to allow domestic partnerships between same-sex couples, providing some of the legal rights of marriage, including property rights and alimony. However, partners would not have been able to inherit, adopt or access fertility treatments.^[3][4][5] In July 2019, a lesbian couple from Novi Sad, Jelena Dubovi and Sunčica Kopunović, launched a legal challenge to establish legal recognition for same-sex couples.^[6][7]

In November 2020, the Minister for Human and Minority Rights and Social Dialogue, Gordana Čomić, announced that a law on same-sex partnerships would be brought before Parliament in the first half of 2021.^[8] The draft law was presented for public consultation in February 2021.^[9] In May 2021, President Aleksandar Vučić said he would veto the bill if it were approved by the National Assembly: "I don't know what the Assembly is planning when it comes to the law on same-sex unions. But, as the President of Serbia, I am obliged to protect the Constitution and I cannot sign that law."^[10] Čomić responded that the bill does not regulate the institution of marriage nor adoption of children by same-sex couples, but other issues such as hospital visitations and inheritance. Marko Mihailović, the director of Belgrade Pride, said, "We think that it is quite strange that the President of Serbia, who also holds a law degree, raises the issue of the unconstitutionality of the law, which is absolutely not true. This law cannot be unconstitutional because this is not a law on same-sex marriage." Serbia is obliged under the European Court of Human Rights' ruling in Fedotova and Others v. Russia to provide legal recognition to same-sex couples.^[11] Čomić announced in January 2022 that a final version of the bill had been completed, but any progress on the bill was delayed due to the April 2022 elections and lack of political will.^[12] Tristan Flesenkemper, the head of the office of the Council of Europe in Belgrade, said that the law would "chang[e] the lives of people in Serbia for the better" and responded to the delay by stating, "To make a real change, it's necessary to have a strong political will and dedication, that will turn it into strong legislature that won't be just passed, but implemented too." If passed, the legislation would establish civil partnerships (Serbian: грађанско партнерство, građansko partnerstvo, pronounced [ɡrâdʑansko pârtnerstʋo])^[a] providing some of the legal rights, benefits and responsibilities of marriage.

Same-sex marriage

Article 62 of the Constitution of Serbia, adopted in 2006 after the dissolution of Serbia and Montenegro, states: "Marriage shall be entered into based on the free consent of man and woman before the state body."^[b] The wording has been interpreted as banning same-sex marriage.

In November 2015, former President Boris Tadić expressed his support for same-sex marriage and adoption by same-sex couples.^[14]

Public opinion

A 2020 opinion poll published by the Civil Rights Defenders showed that 73% of Serbians supported hospital visitation rights for same-sex couples, 60% supported health insurance for same-sex partners, 59% supported allowing same-sex partners to inherit each other's assets at death, and 59% supported equal division of property. In total, 80% of Serbians supported granting same-sex couples some legal rights. 26% of respondents supported same-sex marriage, an increase from 11% in 2015.^[15][16]

See also

• LGBT rights in Serbia
• Recognition of same-sex unions in Europe

Notes

1. In some regional languages of Serbia:
   • Albanian: partneriteti civil, pronounced [paɾtˈnɛɾitɛti tsiˈvil]
   • Croatian: građansko partnerstvo, pronounced [ɡrâdʑansko pârtnerstʋo]
   • Hungarian: bejegyzett élettársi kapcsolat, pronounced [ˈbɛjɛɟzɛtː ˈeːlɛtːaːrʃi ˈkɒpt͡ʃolɒt]
   • Slovak: registrované partnerstvo, pronounced [ˈreɡistrɔʋaneː ˈpartnerstʋɔ]
   • Romanian: parteneriat civil, pronounced [partenˈerjat tʃiˈvil]
   • Rusyn: граждански цимборенє, pronounced [ˈɦraʒdanskɪ ˈtsɪmbɔrɛnʲe]
2. In Serbian: Brak se zaključuje na osnovu slobodno datog pristanka muškarca i žene pred državnim organom.^[13]
   

References

1. Serbian Constitution 2010-11-27 at the Wayback Machine
2. "Serbia Mulls Offering Rights to Gay Couples". Balkan Insight. 2013-05-03. Retrieved 2014-04-11.
3. "Gej vanbračnim zajednicama priznaće se imovinska prava". GayEcho. 2019-06-05. Retrieved 2019-06-06.
4. Petrović, Alekaandra (4 June 2019). "Gej vanbračnim zajednicama priznaće se imovinska prava". politika.rs (in Serbian).
5. Društvo, Srbija (2 June 2019). "PALA ODLUKA O GEJ BRAKOVIMA: Novi zakon šokiraće Srbe!". pravda.rs (in Serbian).
6. Savage, Rachel (18 July 2019). "Lesbians launch landmark same-sex partnership case in Serbia". Reuters.
7. Powys Maurice, Emma (19 July 2019). "Lesbian couple launch landmark gay marriage case in Serbia". PinkNews.
8. "Čomić: U pripremi zakon o istopolnom partnerstvu". Blic. 30 November 2020. Retrieved 2020-11-30.
9. . Јавне расправе. Directorate for eGovernment of the Republic of Serbia. Archived from the original on 8 February 2021. Retrieved 8 February 2021.
10. "Vučić says he will not sign the same-sex unions law, his justification raises suspicion". European Western Balkans. 6 May 2021.
11. "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
12. "Delay in the adoption of the Law on Same-Sex Unions in Serbia a consequence of lack of political will". European Western Balkans. 24 January 2022.
13. "Ustav Republike Srbije". paragraf.rs (in Serbian).
14. "Korigujem stav o gej parovima".
15. "Attitudes Towards LGBTI+ Rights And Issues in Serbia: 2015 vs 2020" (PDF). Civil Rights Defenders. Retrieved 6 October 2022.
16. "Serbia is Ready for Law on Same Sex Union, Poll Finds Strong Support for LGBTI+ Rights". Civil Rights Defenders. 2 April 2021.