Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is constitutionally banned under the

Constitution of Serbia The current Constitution of the Republic of Serbia ( sr, / ), also known as Mitrovdan Constitution ( sr, / ) was adopted in 2006, replacing the previous constitution dating from 1990. The adoption of new constitution became necessary in 2006 ...

adopted in 2006. There have been discussions in the National Assembly to legalize civil unions.

Civil unions

In January 2011, the Ministry of Foreign Affairs gave permission to the British embassy in

Belgrade Belgrade ( , ;, ; Names of European cities in different languages: B, names in other languages) is the Capital city, capital and List of cities in Serbia, largest city in Serbia. It is located at the confluence of the Sava and Danube rivers a ...

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.

Attempts to pass civil union legislation

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 allow hospital visitation and inheritance rights for same-sex partners, although it was not known whether this would be in the form of unregistered cohabitation or registered partnerships. The draft bill stalled and was never voted on. In June 2019, plans were announced to amend the Civil Code to allow

domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee r ...

s 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 Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...

or access fertility treatments. In July 2019, a lesbian couple from Novi Sad, Jelena Dubovi and Sunčica Kopunović, launched a legal challenge to establish legal recognition for same-sex couples. In November 2020, the Minister for Human and Minority Rights and Social Dialogue,

Gordana Čomić Gordana Čomić ( sr-Cyrl, Гордана Чомић; born 16 June 1958) is a Serbian politician who served as minister for human and minority rights and social dialogue from 2020 to 2022. A long-time member of the Democratic Party (DS), she was ...

, announced that a law on same-sex partnerships would be brought before Parliament in the first half of 2021. The draft law was presented for

public consultation Public consultation (Commonwealth countries and European Union), public comment (US), or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, ...

in February 2021. 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." 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 obliged under the European Court of Human Rights' ruling in '' Fedotova and Others v. Russia'' to provide legal recognition to same-sex couples. 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. Tristan Flesenkemper, the head of the office of the

Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...

in Belgrade, said that the law would "chang 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 ( sr, грађанско партнерство, , ), * hu, bejegyzett élettársi kapcsolat, * sk, registrované partnerstvo, * ro, parteneriat civil, *

Rusyn Rusyn may refer to: * Rusyns, Rusyn people, an East Slavic people ** Pannonian Rusyns, Pannonian Rusyn people, a branch of Rusyn people ** Lemkos, a branch of Rusyn (or Ukrainian) people ** Boykos, a branch of Rusyn (or Ukrainian) people * Rusyn l ...

: , providing some of the legal rights, benefits and responsibilities of marriage.

Same-sex marriage

Article 62 of the

, adopted in 2006 after the dissolution of

Serbia and Montenegro Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...

, states: "Marriage shall be entered into based on the free consent of man and woman before the state body." 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 Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child ( stepchild adoption). Joint adoption by same-sex cou ...

Public opinion

A 2020 opinion poll published by the

Civil Rights Defenders Civil Rights Defenders (Formerly the Swedish Helsinki Committee) is an international non-governmental organisation based in Stockholm, Sweden that does human rights work with a focus on civil and political rights. They primarily work to support lo ...

showed that 73% of Serbians supported hospital visitation rights for same-sex couples, 60% supported

health insurance Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among ma ...

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.

Notes

References