Croatia has recognized life partnerships for same-sex couples since 5 August 2014. The Croatian Parliament passed the Life Partnership Act on 15 July 2014 by 86 votes to 16, granting same-sex couples equal rights and benefits to married couples in almost all aspects. The legislation was signed by President Ivo Josipović, and took effect on 5 August, though some sections of the law went into force on 1 September 2014. Croatia first recognized same-sex unregistered cohabitation in 2003, providing some inheritance and financial benefits to same-sex partners.
Following a 2013 referendum, the Constitution of Croatia has limited marriage to opposite-sex couples.
Unregistered cohabitation In 2003, the governing coalition of Prime Minister Ivica Račan, consisting mostly of centre-left parties, passed a law recognizing same-sex unregistered cohabitation (). Initially, the draft bill would have recognized registered partnerships providing most of the rights of marriage, but the Croatian Peasant Party threatened to leave the coalition if it insisted on this version of the law. The bill was amended to grant same-sex partners only limited rights, including in the areas of inheritance and alimony, and subsequently passed in the Croatian Parliament. The law requires that couples cohabit for at least three years, and does not provide any rights in terms of adoption, taxes, joint property ownership, health insurance or pensions.
Life partnerships Early bills In early 2006, the Croatian Parliament rejected a registered partnership bill introduced by MP Šime Lučin of the Social Democratic Party and Independent MP Ivo Banac, by 22 votes to 76 with 5 abstentions. MP Lucija Čikeš, a member of the ruling Croatian Democratic Union (HDZ), called for the proposal to be rejected because "all universe is heterosexual, from an atom and the smallest particle, from a fly to an elephant". Another HDZ MP objected on the basis that "85% of the population considers itself Catholic and the Church is against heterosexual and homosexual equality". Medical and psychological professionals opposed these statements, arguing that all members of Parliament had a duty to vote according to the Constitution of Croatia, which prohibits discrimination.
Life Partnership Act
On 11 May 2012, Prime Minister Zoran Milanović announced that the government would soon pass legislation expanding the rights of same-sex partners. At this point, it was unknown what form this recognition would take, though it was likely that Croatian family law would not be modified and that the legislation of same-sex marriage was not being considered. Deputy Prime Minister Milanka Opačić also expressed support for same-sex parenting, as did ministers Vesna Pusić and Predrag Matić. On the International Day Against Homophobia, Transphobia and Biphobia in 2012, LGBT groups met with Minister of Public Administration Arsen Bauk, who announced that the government was considering a law regulating same-sex life partnerships (, ). Bauk expressed strong support for LGBT rights, calling on lawmakers to show a greater commitment to equality. He specifically referred to several politicians who had expressed support for LGBT equality, but were willing to make concessions because "society might not be ready for certain changes". Marko Jurčić from Zagreb Pride called for life partnerships to be open to all couples, not just same-sex couples. Zagreb Pride later helped a government working group co-draft the bill, and led a public campaign called "It's time for life partnerships".
The Ministry of Public Administration and the government working group responsible for drafting the partnership law met for the first time on 6 September 2012, with the bill expected to be introduced to the Croatian Parliament sometime in 2013. On 16 November 2012, Jagoda Botički, who led the working group, confirmed that the draft law would allow same-sex couples to register their relationships at registry offices, but that it would not apply to different-sex couples. Botički said that the group was in the process of meeting several government ministries to evaluate which legal rights and benefits would be granted to life partners. Two LGBT associations, Iskorak and Kontra, said they were "satisfied" that life partners would be able to register their relationships at registry offices, but expressed "disappointment" that same-sex couples would remain excluded from family law. This exclusion would potentially mean fewer rights for life partners due to political concessions, particularly affecting families with children, as this was the most controversial area for opponents of the law. On 2 August 2013, Bauk stated that the law would be called the Life Partnership Act (), that registration of life partnerships would be identical to marriage, and that the law would treat same-sex couples equally to married couples in all areas except adoption, although he said that stepchild adoption was being considered. The Croatian People's Party – Liberal Democrats (HNS) expressed support for full adoption rights. Public consultations on the law were announced for the following month, and introduction to the Parliament by the end of 2013.
The draft law was published on 4 November 2013. Although it did not include joint adoption, it would allow life partners to receive partial, and in some cases full, parental responsibility over their partner's child. The bill would also enable life partners to become "partner-guardians". It would define same-sex partners as a family—while not explicitly modifying Croatian family law—and ban discrimination on the basis of partnership status. It would also stipulate that future changes to family law regarding marriage must also include life partnerships. According to articles 73, 74 and 75 of the Life Partnership Act, same-sex marriages and domestic partnerships performed abroad would be recognized as life partnerships in Croatia. This included unregistered cohabitation where couples had been living together for at least 3 years, which would be recognized as informal life partnerships. Further, the law would not require life partners to be Croatian nationals or permanent residents. According to law experts, this would make the Life Partnership Act one of the most liberal same-sex partnership laws in Europe. Bauk stated:
The Croatian Government expressed its support for the proposed bill on 12 December 2013. On 29 January 2014, the Parliamentary Committee on Human and National Minority Rights approved the legislation, with 6 members in favor and 2 against. It also passed the Gender Equality Committee. The Croatian Democratic Union expressed opposition to the measure. It was introduced to the Parliament on 27 February, and amended following public debate. The government approved a final version of the bill on 24 June. It passed its second reading on 10 July. Vlada usvojila Konačni prijedlog Zakona o životnom partnerstvu Drugo čitanje Zakona o životnom partnerstvu – svjetonazorske podjele su jasne Parliament approved the law in its final reading on 15 July by 89 votes to 16. POVIJESNA ODLUKA U SABORU Istospolni će parovi od rujna imati ista prava kao i bračni partneri Croatia approves civil partnerships for same-sex couples It was signed by President Ivo Josipović, and published in the Narodne novine on 28 July. The law took effect on 5 August 2014, except for sections on parental responsibility, which came into force on 1 September 2014. ZAKON O ŽIVOTNOM PARTNERSTVU OSOBA ISTOG SPOLA
The first life partnership was registered between two men in Zagreb on 5 September 2014. Minister Bauk was present at the ceremony, and presented the couple with two neckties as a gift from the Croatian state. The second partnership took place in Split on 18 September.
Adoption and parenting The Life Partnership Act established an institution similar to stepchild adoption called "partner-guardianship" (). A life partner who is not the biological parent of their partner's child can take on parental responsibilities on either a temporary or permanent basis. During a life partnership, the biological parent may temporarily delegate parental rights to their life partner. If these rights extend beyond 30 days, the arrangement must be certified by a solicitor. While these rights are in effect, both the biological parent and the life partner must jointly make decisions concerning the child's well-being. In the event of a dissolution of the life partnership, the non-biological partner may maintain a personal relationship with the child, if the court determines that this is in the child's best interest. Partner-guardianships can also be established if both of the child's biological parents are deceased, or if one parent is deceased or unknown and the other has had their parental rights terminated due to abuse. Both formal and informal life partners are eligible to apply for partner-guardianship. If granted by the court, the partner-guardian accepts full parental responsibilities and is recorded as such on the child's birth certificate. Partner-guardianship constitutes a permanent next-of-kin relationship, carrying the same rights, duties and legal consequences as a biological parent-child relationship. Zakon o životnom partnerstvu osoba istog spola The first case of a partner-guardianship was reported on 13 July 2015. U Hrvatskoj dodijeljena prva partnerska skrb
In May 2017, a male couple in a life partnership filed a lawsuit after being denied the right to foster a child, based on the fact that Croatian law did not grant life partnerships full adoption rights. Prior to the lawsuit, the couple had successfully completed a course designed to prepare potential adoptive and foster parents. Although Croatian law did not explicitly grant joint adoption rights to life partners, the couple argued that the Life Partnership Act and the Family Code both affirm that life partnerships must be treated equally to marriage. Additionally, the Life Partnership Act states that any matters involving children not covered under the "partner-guardian" status are to be resolved in accordance with the Family Code. The couple also stated that, if the court ruled against them, they were prepared to appeal the case to the European Court of Human Rights. Prvi u povijesti: gej par tužio Hrvatsku zbog diskriminacije jer im nije dozvoljeno posvajanje Popričali smo s gej parom koji tuži Hrvatsku jer im ne da posvojiti dijete