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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), 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. 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]

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!".

See also

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