Law regulating same-sex unions and marriage being drafted

The first step toward legalizing same-sex marriages was made yesterday by the Ministry of Human and Minority Rights, which announced the starting points for drafting a law on same-sex unions. The public debate will last until February 20 and the law should be adopted in Parliament by the summer.

The Minister of Human Rights and Social Dialogue, Gordana Comic, told Blic daily, that the law will be discussed by MPs in the National Parliament by the end of the spring session.

“The proposal will be evaluated by the end of spring. On Friday, the starting points will be announced, on the eUprava website,” Comic announced.

The law on the union of same-sex couples has been one of the biggest demands of pride parades in Serbia. In Article 2, the draft law says the following:

“A same-sex union is a family union of two adults of the same sex that is registered before the competent public authority in accordance with the provisions of this law. The terms used in this law and in the regulations adopted on the basis thereof shall have a gender meaning, regardless of whether they are listed in the male or female gender, and shall include without discrimination females and males.”

The novelty, in relation to the conclusion of traditional marriage, is that in addition to the registrar of civil status, a municipal councillor chosen by the municipality itself has to be present when the union concluded.

On the other hand, the homosexual union ends under the same conditions as the traditional marriage, i.e. the death of a partner, the declaration of the death of a missing partner, annulment or dissolution. Termination of the agreement can be filed in court by one or both partners by mutual consent.

The issue of property has also been regulated:

“Special property consists of property acquired by the partner prior to the conclusion of the same-sex union, as well as property acquired during the duration of the union, by inheritance, donation or other forms of gratuitous acquisition. Each partner independently manages and disposes of the special property unless the partners have agreed otherwise,” is written in Article 33.

The common property consists of the property acquired by the partners through performing a job during the union, as well as the income derived from that property. Common property, as stated, also includes income from special property that was the partner acquired during the union, as well as property acquired through a game of chance, unless one of the partners invested special property in that game.

According to the draft law, the partners in a same-sex union have the right to an inheritance which is equal to the rights of a heterosexual couple. In addition, the issue of inheritance of a pension is regulated.

“In the event of the death of an insured person or a beneficiary of a pension as a member of his or hers family, in addition to the persons determined by the legislation governing pension insurance, a partner in a homosexual union can inherit their partner’s pension,” the draft law states.

(Kurir, 09.02.2021)

This post is also available in: Italiano

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