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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 or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

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 explicitly defined marriage as a union between a man and a woman.[1]

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 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.

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

Constitutional wording

Article 62 of the Constitution of Serbia states: "Marriage shall be entered into based on the free consent of man and woman before the state body."[a]

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, giving same-sex couples several legal rights, including joint property and alimony. However, they would not have been granted inheritance or adoption rights, nor undertaken 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]

In November 2020, Minister for Human and Minority Rights and Social Dialogue, Gordana Comic, announced that a law on same-sex partnerships would be brought before parliament in the first half of 2021.[10]

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.
  10. ^ "Čomić: U pripremi zakon o istopolnom partnerstvu". Blic. 30 November 2020. Retrieved 2020-11-30.
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