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Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions. [1]
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.
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 have allowed hospital visitation and inheritance rights for same-sex partners, although it was unknown 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 Dubović 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 also 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 [ɡrâdʑanskopârtnerstʋo] ) [lower-alpha 1] providing some of the legal rights, benefits and responsibilities of 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." [lower-alpha 2] 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]
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]
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.
A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.
Romania does not allow same-sex marriage or civil unions. In June 2018, the European Court of Justice ruled that under certain circumstances same-sex spouses of European Union citizens should be granted a right of residency in Romania. The Constitution of Romania does not define marriage directly, but Article 48 of the Constitution defines marriages between "spouses" as the foundation of the family.
Poland does not legally recognize same-sex unions, either in the form of marriage or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under EU law.
Croatia recognizes life partnerships for same-sex couples through the Life Partnership Act, making same-sex couples equal to married couples in almost all of its aspects. The Act also recognizes and defines unregistered same-sex relationships as informal life partners, thus making them equal to registered life partnerships after they have been cohabiting for a minimum of 3 years. Croatia first recognized same-sex couples in 2003 through a law on unregistered same-sex unions, which was later replaced by the Life Partnership Act. The Croatian Parliament passed the new law on 15 July 2014, taking effect in two stages. Following a 2013 referendum, the Constitution of Croatia has limited marriage to opposite-sex couples.
The Czech Republic has offered registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The country also grants unregistered cohabitation status to "persons living in a common household" that gives couples inheritance and succession rights in housing.
A California domestic partnership is a legal relationship, analogous to marriage, created in 1999 to extend the rights and benefits of marriage to same-sex couples. It was extended to all opposite-sex couples as of January 1, 2016 and by January 1, 2020 to include new votes that updated SB-30 with more benefits and rights to California couples choosing domestic partnership before their wedding. California Governor Newsom signed into law on July 30, 2019.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Croatia have expanded in recent years, but LGBT people may still face some legal challenges not experienced by non-LGBT residents. The status of same-sex relationships was first formally recognized in 2003 under a law dealing with unregistered cohabitations. As a result of a 2013 referendum, the Constitution of Croatia defines marriage solely as a union between a woman and man, effectively prohibiting same-sex marriage. Since the introduction of the Life Partnership Act in 2014, same-sex couples have effectively enjoyed rights equal to heterosexual married couples in almost all of its aspects. In 2022, a final court judgement allows same-sex couples to adopt children under the same conditions as everyone else. Same-sex couples in Croatia can also apply for foster care since 2020. Croatia bans all discrimination on the grounds of sexual orientation, gender identity, and gender expression.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Serbia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights, and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.
Latvia does not recognize same-sex marriage but same-sex couples are able to register their partnerships with the courts. On 12 November 2020, the Constitutional Court of Latvia ruled that the Latvian Constitution entitles same-sex couples to receive the benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June 2022 deadline, same-sex couples may apply with a court to have their relationship recognized and enjoy some of the rights and benefits offered to married couples. The Saeima failed to approve such legislation by the deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May 2022.
Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.
Same-sex marriage will soon be legal in Estonia. The government elected in the March 2023 election, led by Prime Minister Kaja Kallas and consisting of the Reform Party, the Social Democrats and Estonia 200, vowed to legalize same-sex marriage. Legislation was introduced to the Riigikogu in May 2023, and was approved in a final reading by 55 votes to 34 on 20 June. It was signed into law by President Alar Karis on 27 June, and will take effect on 1 January 2024.
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27).
Slovakia does not recognise same-sex marriage or civil unions. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014. Bills to recognise same-sex civil partnerships were introduced several times, in 1997, in 2000, in 2012, in 2018, in 2021 and in 2022, but were all rejected. There is some legal recognition for unregistered cohabiting same-sex couples, however. Limited rights for a "close person" are recognised under civil and penal law.
Albania does not currently recognize same-sex marriages or civil unions.
Montenegro has recognised same-sex unions since 15 July 2021. In July 2020, the Parliament of Montenegro passed a bill, by 42 votes to 5, to recognise life partnerships for same-sex couples offering several, but not all, of the rights and benefits of marriage. The bill was signed into law on 3 July 2020 by President Milo Đukanović and took effect on 15 July 2021.
Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, guardianship rights and joint custody of children, and spousal benefits for the partners of government employees.
Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.
| Same-sex marriage prohibited by constitutional amendment | |
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| Same-sex marriage and civil unions prohibited by constitutional amendment | |
