Recognition of same-sex unions in Serbia

Serbia currently does not have any form of legal recognition available for same-sex couples. Same-sex marriage was constitutionally banned in 2006 when a new constitution was drafted that explicitly defines marriage as a union between a man and a woman.[1]

Marriage
LGBT portal

History
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.

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

In November 2015, former President Boris Tadić expressed his support for same-sex marriage and adoption.[2]

Constitutional wording

The Constitution of Serbia states at article 62: "Marriage shall be entered into based on the free consent of man and woman before the state body."[lower-alpha 1]

Civil unions

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

In June 2019, plans were announced to legalise domestic partnerships between same-sex couples by amending the Civil Code. Same-sex couples will be able to enjoy several legal rights, including joint property and alimony. However, they would not be granted inheritance or adoption rights, nor undertake surrogacy arrangements.[5][6][7]

In July 2019, a lesbian couple from the city of Novi Sad launched a legal challenge to win legal recognition for same-sex couples. The couple, Jelena Dubovi and Sunčica Kopunović, sought to register a civil partnership at a local municipal registrar's office in April, but were rejected.[8][9]

See also

Notes
  1. In Serbian: Brak se zaključuje na osnovu slobodno datog pristanka muškarca i žene pred državnim organom.[3]

References
  1. Serbian Constitution Archived 2010-11-27 at the Wayback Machine
  2. "Korigujem stav o gej parovima".
  3. "Ustav Republike Srbije". paragraf.rs (in Serbian).
  4. "Serbia Mulls Offering Rights to Gay Couples". Balkan Insight. 2013-05-03. Retrieved 2014-04-11.
  5. "Gej vanbračnim zajednicama priznaće se imovinska prava". GayEcho. 2019-06-05. Retrieved 2019-06-06.
  6. Petrović, Alekaandra (4 June 2019). "Gej vanbračnim zajednicama priznaće se imovinska prava". politika.rs (in Serbian).
  7. Društvo, Srbija (2 June 2019). "PALA ODLUKA O GEJ BRAKOVIMA: Novi zakon šokiraće Srbe!". pravda.rs (in Serbian).
  8. Savage, Rachel (18 July 2019). "Lesbians launch landmark same-sex partnership case in Serbia". Reuters.
  9. Powys Maurice, Emma (19 July 2019). "Lesbian couple launch landmark gay marriage case in Serbia". PinkNews.
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