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Recognition of same-sex unions in Serbia

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Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal
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.

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 defined marriage as "a union between a man and a woman" — found in Article 62. However, Serbia neither permits nor bans civil unions or any form of domestic partnership.[1]

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 Pact Civil to French citizens and their foreign partners.

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 is not known whether this would be in the form of unregistered cohabitation or registered partnership.[2]

In November 2015, the leader of SDS (and former president) Boris Tadić expressed his support for same-sex marriage and adoption.[3] The leader of the "Dosta je bilo" movement Saša Radulović also supports it. Another party, DS expressed its potential support for the legal recognition of same-sex unions.[4]

Unregistered cohabitation

There is no any legal recognition of same-sex couples under Serbian law. De facto unions are only occasionally mentioned in some legal acts, but used terms are not specified whether thay has to be of different sex only.

However in 2010 the Constitutional Court of Serbia in its decision (Case IU-347/2005, of 22/07/2010) noted that there were two provisions in the Serbian legal system that could be applicable to same-sex de facto unions. The provision of the Family Law on domestic violence (art. 98.3.5.) includes the notion of family members who were or still are in an emotional or a sexual relationship and the Law on Prevention of Family Violence envisages application of its provisions in the event of violence towards people in marital unions, extramarital unions and partnerships.

Also the provision of the Law on Criminal Proceedings (art. 94.1.1.) which defines who is relieved from testifying is applicable to people who have been in an emotional or sexual relationship, or a nonspecific long-term relationship.

Some other provisions could be applicable to same-sex partners, but this is left to the discretion of authorities charged with their implementation. For exaple, the Law on Execution of Criminal Sanctions (art. 90) guarantees that a convicted person has the right to receive two visits per month from a spouse, a child, a parent, or some relatives, and which enables the prison principal to allow visits by other people. This law that allow the right to prison visitations is applicable for same-sex couples in practice.[5]

In case of adoption, a single parent adoption is allowed only under special circumstances. Under the Family Law (art 5) adoption is allowed by partners in marriage or in common-law marriage (defined as opposite-sex only) which means that same-sex partners are not allowed to adopt children jointly, despite the fact that there is no explicit prohibition of adoption by LGBT people individually.[6]

Serbia also allowed the right to artificial insemination treatment for women in a same-sex relationship under special circumstances as a single mother since 2010. However there are some difficulties for lesbian women seeking to access artificial insemination procedures.[7][8][9]

So at that moment perhaps only this three legal effects are related to same-sex couples as they receive legal recognition.

References

  1. ^ Serbian Constitution
  2. ^ "Serbia Mulls Offering Rights to Gay Couples". Balkan Insight. 2013-05-03. Retrieved 2014-04-11.
  3. ^ "Korigujem stav o gej parovima".
  4. ^ "Demokrate za gej brakove!".
  5. ^ [Being LGBT in Eastern Europe: Serbia Country Report (page 17-19)]
  6. ^ Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity Legal Report: Serbia (page 13)
  7. ^ Study on Homophobia, Transphobia and Discrimination on Grounds of Sexual Orientation and Gender Identity Legal Report: Serbia (page 13)
  8. ^ [Being LGBT in Eastern Europe: Serbia Country Report (page 24)]
  9. ^ LGBT world legal wrap up survey (page 6)

See also

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