Same-Sex Marriage and Life Partnerships in Croatia

UPDATED: 7.1.2025.

Under Croatian law, same-sex couples are not currently afforded the right to formal marriage. Nevertheless, forming a "life partnership" is an option available to them, representing a legally sanctioned bond between two individuals of the same gender. Non-Croatian nationals are permitted to establish a life partnership on identical terms as those applicable to Croatian citizens.

The term &8220;life partners&8221; as used by the Croatian government specifically denotes same-sex individuals who have formalized their relationship through a legal union or official partnership registration. Although common-law relationships are acknowledged by Croatia for residency purposes, this recognition does not extend to matters of citizenship.

Within this article, the following topics will be addressed:

Presented here are the key facts:

What is a life partnership in Croatia?

In Croatia, it is not permissible for same-sex partners to legally marry. Croatian legislation stipulates that only couples of differing sexes are authorized to marry within the country. Nevertheless, a distinct form of legal union is available to same-sex couples within Croatia. This arrangement is formally designated as životno partnerstvo, which translates to life partnership.

Enacted in Croatia on August 6, 2014, was the Law of Life Partnership of Persons of the Same Sex. This legislation, officially known as Zakon o životnom partnerstvu osoba istoga spola, can be accessed at this link. Its provisions establish the legal framework for two individuals of the same sex to register a union, thereby enabling them to form a socially acknowledged partnership or a family within Croatia.Registration of a life partnership can be completed at any matični ured (registrar's office) throughout Croatia, with the process overseen by an authorized individual known as a matičar (registrar). Conversely, the registration of a life partnership is not possible at any Croatian embassy or consular mission located beyond the country's borders.

Should all criteria be satisfied, a matičar is legally precluded from denying a request to formalize a life partnership. Any such refusal would, in effect, constitute an act of discrimination.

[Read: Rights of the LGBTQIA+ community in Croatia]

For foreign nationals, establishing a life partnership within Croatia is permissible under the identical stipulations that apply to Croatian citizens. Neither possessing Croatian residency nor holding Croatian citizenship is a prerequisite for entering into such a partnership in Croatia. In such instances, the sole requirement will be the submission of supplementary documentation.

Individuals who establish a life partnership in Croatia are afforded rights across the entire EU/EEA territory, as per the stipulations of the Law of a Same-Sex Life Partnership, irrespective of how particular member states govern same-sex relationships.

Should non-EU/EEA (third-country) citizens enter into a life partnership with a Croatian national, they are eligible to apply for residency in Croatia, adhering to the identical regulations and guidelines applicable to opposite-sex couples.

[Read: How non-EU/EEA spouses of Croatians can apply for residence]

Should you intend to marry within Croatia, kindly consult the provided guide. For procedures related to registering a marriage or a divorce, reference this particular guide.

Requirements for entering a life partnership in Croatia

The establishment of a life partnership can be sanctioned for:

• Individuals of the same gender who are over the age of eighteen (18) years.
• When participants explicitly state their willingness to form such a partnership.
• Upon the completion of a formal ceremony conducted in the presence of the registrar.

Individuals who lack the legal competence to make declarations concerning highly personal matters may nonetheless enter a life partnership, provided they obtain their guardian's consent.

A life partnership cannot be authorized for:

• Any person under the age of eighteen (18).
• Those individuals deemed unable to comprehend or reason.
• Direct blood relatives, as well as collateral relatives up to the fourth degree of kinship.
• Individuals currently bound by an existing life partnership or a marital union.

Akin to the process of establishing a civil marriage in Croatia, same-sex couples must, as a preliminary step, determine the following:

• The approximate date, time, and venue for their ceremonial event.
• The selection of their witnesses, which requires one legally competent adult for each partner.
• Any alterations to their surname, should they choose to make them.

How to form a life partnership in Croatia

1. Choose the day

The initial and most crucial action for both you and your partner involves selecting the precise date and hour for your impending ceremony. Such a ceremony may take place either within a registrar's office or at an external venue, perhaps even amidst natural surroundings. Opting for an outdoor setting or a time slot beyond the registrar's standard operational hours will necessitate incurring an extra charge.

Fees will be assessed based on:

• The proximity to the registrar's location, calculated per kilometer.
• The specific day of the week, with an elevated charge applied on Sundays.
• The time of day, incurring a greater fee for periods extending beyond normal business hours.

2. Prepare the documentation

Provided hereafter are categorized lists of the necessary documentation, contingent upon your status as either a Croatian national or a foreign citizen. Further documentation might be requested by a registrar, subject to the specifics of each unique case and the geographical area. Therefore, it is advisable to contact them beforehand to verify the exact prerequisites.

Comprehensive contact details for all registrar offices across Croatia are accessible via this link. This information is systematically arranged by Croatian county.

Croatian citizens

Croatian nationals are obligated to provide a form of identification, such as an ID card or a passport. Guidance on the application process for a Croatian ID card and a passport can be found via these respective links.

For Croatian nationals born beyond the country's borders who have not yet been recorded in the Croatian Book of Births, known as Matica rođenih, this registration must be completed as a primary step.

[Read: How to register a person in the Book of births]

Foreign citizens

Non-Croatian citizens are required to submit the following:

• Identification card or a valid passport.
• Documentation verifying their nationality.
• A birth certificate originating from their country of nativity.
• A certificate, issued by their country of domicile, confirming the absence of an existing life partnership or marriage, for instance, a Certificate of free marital status.
• Verification of residence, particularly if a Croatian address is held.

[Read: Available visas and residence permits for Croatia]

Both birth certificates and declarations affirming the non-existence of a life partnership or marriage mandate apostille/legalization and official translation into the Croatian language. Guidance on preparing foreign documentation for application in Croatia is provided within this comprehensive guide.

Some nations that do not formally acknowledge any type of same-sex family unit might present bureaucratic hurdles during the issuance of requisite documentation. Such difficulties could arise particularly when obtaining a certificate that confirms an individual is not engaged in a life partnership or marriage.

Member states of the Vijeće Europe (Council of Europe) are, however, mandated to furnish this specific certificate to individuals identifying as part of the LGBTQ community.

3. Notify the registrar

The subsequent action involves a visit to the registrar's designated office. While typically unions are formalized at the registrar's office nearest to your Croatian domicile or the intended ceremony location, attendance at any other office is permissible. A mandatory visit to the registrar is required between thirty (30) and forty-five (45) days preceding the chosen ceremony date.

[Read: How to register or change your address with the Croatian police]

During your appointment with the registrar, you will formally state your intent to unite as partners and complete the requisite application document. Concurrently, the registrar will apprise you of any obstacles potentially hindering your preferred ceremony date, venue, or surname choice. The presence of both yourself and your prospective partner is obligatory. Additionally, the selection of your forthcoming surname will be necessary.

Generally, the solemnization cannot occur within a period shorter than thirty (30) days following this declaration, although allowances might be made under unique conditions. Should an alternative venue for the ceremony be preferred, arrangements can indeed be made, yet an additional charge will apply for the officiant's travel from the registrar's premises.

Choosing surname

Regarding the selection of a surname, partners have the option to jointly decide that:

• Each partner shall retain their individual surname.
• The surname of one partner will be adopted as their shared surname.
• Both surnames will be used, with an agreement on which will precede the other.
• Each partner will append the other's surname to their own, and a determination will be made regarding the order of appearance.

4. Confirm your intention

Your intent must be re-affirmed with the registrar exactly three (3) days prior to the ceremonial date. A personal visit to the office is required, accompanied by your partner.

Should one of the prospective spouses be a foreign national, the presence of a court translator will be necessary for both your visit to the registrar and the ceremony itself. However, an exception to the translator requirement is extended to nationals of Bosnia and Herzegovina, Serbia, and Montenegro.

The registrar will prepare a printed document outlining the intention to formalize a life partnership, which you will then sign. This juncture presents the opportune moment to apprise the registrar of any potential modifications. Furthermore, the administrative expenses itemized below must be settled.

Administrative fees

The administrative charges associated with a life partnership encompass:

• The life partnership agreement: 9,29 euros.
• The official act of establishing a life partnership in the registrar's presence: 18,58 euros.
• A travel surcharge, applicable if the ceremony is conducted at a location other than the registrar's office.

Travel fee pricing rules

• Weekday considerations: On Saturdays, Sundays, public holidays, and other non-working days, the fee escalates by one hundred percent (100%).
• Hourly rates: Fees are augmented during the late afternoon and evening hours.
  • 8:00 - 15:59 &8211; 20% of the base
  • 16:00 - 19:59 &8211; 30% of the base
  • 20:00 - 22:00 &8211; 50% of the base
• Registrar's travel distance: A charge is levied for each kilometer of travel.
  • Up to 10 kilometers - 10% of the base
  • More than 10 kilometers - 1% per kilometer, but not higher than 30% of the base

Payment for these fees can be rendered through:

• Acquisition of tax stamps directly at the registrar's office (consult this guide for details).
• Using an Uplatnica at a banking institution or post office, then presenting proof of transaction to the registrar upon completion of payment.

[Read: How to pay bills in Croatia]

5. Life partnership ceremony

On the scheduled day of the ceremony, the following must be ensured:

• One (1) witness per spouse, along with a photocopy of their passport.
  • All witnesses are required to be adults with full legal capacity.
  • It is not necessary for passport photocopies to be notarized.
• A certified court translator.

Typically, the life partnership solemnization extends for a duration of fifteen (15) minutes. Throughout the proceedings, the registrar will delineate the legal provisions, along with your ensuing rights and obligations.

Upon the conclusion of the ceremony, both partners are required to validate their newly established life partnership through the signing of the official consent declaration. Signatures will also be affixed by the witnesses and the registrar. Subsequently, the registrar will formally record the life partnership within the Croatian Registry of Life Partnerships, officially known as Registar životnog partnerstva.

The ceremonial event concludes following congratulations extended to the couple by the registrar, court translator, and other attendees.

6. Pick up your documents

To serve as documentation of your life partnership, an official certificate, known as Potvrda o životnom partnerstvu (Life partnership certificate), can be requested. This document is retrievable either directly from the registrar's office or digitally through the e-Građani application.

[Read: e-Građani (e-Citizens) - Online portal for Croatian government services]

Further documentation might be necessary under the following circumstances:

• A life partnership certificate in an alternative language is desired.
• Your nation lacks a formal agreement with Croatia.

You want a life partnership certificate in a different language

In certain nations, it is feasible to obtain a life partnership certificate in your indigenous tongue. For such instances, a certificate presented in a foreign language necessitates complete legalization.

Your country does not have a treaty in place with Croatia

In the absence of a bilateral treaty between your country of origin and Croatia, your Croatian life partnership may not be acknowledged domestically without supplementary paperwork. Consequently, full legalization of the life partnership becomes imperative for its formal recognition.

Refer to this guide to comprehend the comprehensive procedure for the full legalization of documents.

Certain jurisdictions necessitate validation from their respective Ministry of Internal Affairs or analogous governmental bodies. This implies that supplementary verification of the document might be required within your nation of origin.

A list of countries that require the full legalization process is available here. A list of countries that don't require full legalization is available here.

Partnerships created outside Croatia

Should a same-sex union have been formalized beyond Croatia's borders, the partners are entitled to register it within Croatia. To proceed, reach out to the registrar's office most proximate to your registered domicile and seek information regarding the inclusion of your union in the Croatian Registry of Life Partnerships.

Legally, two individuals who are not Croatian nationals are permitted to have their life partnership recorded in Croatia, given that citizenship does not constitute a prerequisite for the partnership's recognition within the country.

As stipulated in Article 75 of the Law on Same-Sex Life Partnership:

(1) Životno partnerstvo, odnosno brak osoba istog spola između hrvatskih državljana i državljana država koje nisu članice Europskog gospodarskog prostora, sklopljeno i registrirano u skladu s propisima države koja nije članica Europskog gospodarskog prostora, izjednačeno je glede prava, obveza i položaja sa životnim partnerstvima sklopljenim sukladno odredbama ovoga Zakona i posebnih propisa kojima se uređuje položaj stranaca u Republici Hrvatskoj.

(2) Životno partnerstvo odnosno brak osoba istog spola između državljana država koje nisu članice Europskog gospodarskog prostora, sklopljeno i registrirano u skladu s propisima države koja nije članica Europskog gospodarskog prostora, a koji legalno borave na području Republike Hrvatske, izjednačeno je u položaju s bračnim zajednicama državljana država koje nisu članice Europskog gospodarskog prostora.

(3) Kada se radi o pravima i obvezama koja ne ulaze u opseg članka 74. stavka 1. ovoga Zakona, odredba iz stavka 1. ovoga članka primjenjuje se na životno partnerstvo odnosno brak osoba istog spola, sklopljen između državljana države članice Europskog gospodarskog prostora u državi članici, uključujući i one u kojima jedna od osoba ima državljanstvo države izvan Europskog gospodarskog prostora.

Translated, the provision states:

(1) A life partnership, i.e. a marriage of persons of the same sex between Croatian citizens and citizens of countries that are not members of the European Economic Area, concluded and registered in accordance with the regulations of a country that is not a member of the European Economic Area, is equal in rights, obligations and position with life partnerships concluded in accordance with the provisions of this Act and special regulations governing the position of aliens in the Republic of Croatia.

(2) A life partnership or marriage of persons of the same sex between citizens of countries that are not members of the European Economic Area, concluded and registered in accordance with the regulations of a country that is not a member of the European Economic Area, who legally reside in the Republic of Croatia is equal in position with the marital unions of citizens of countries that are not members of the European Economic Area.

(3) In the case of rights and obligations not falling within the scope of Article 74, paragraph 1 of this Act, the provision referred to in paragraph 1 of this Article shall apply to a life partnership or marriage of persons of the same sex concluded between citizens of a Member State of the European Economic Area in a Member State, including those in which one of the persons has the nationality of a country outside the European Economic Area.

[Read: How to register a marriage or divorce in Croatia]

What is an informal life partnership in Croatia?

The identical legislation that governs formal life partnerships further addresses the entitlements and dynamics of informal life partnerships, designated as neformalno životno partnerstvo or colloquially termed "common law."

As per Article 3 of the aforementioned law, an informal life partnership is defined as a familial cohabitation involving two individuals of the same sex who, while not having formally registered a life partnership with the authorized authority, have maintained a consistent union for a minimum of three (3) years. Crucially, they must not simultaneously be part of another informal union or informal life partnership.

This arrangement mirrors the provisions applicable to common-law unions between opposite-sex individuals, which are afforded equivalent legal status to marriage in Croatia. Should they seek to avail themselves of specific rights delineated by the Law of Same-Sex Life Partnership, same-sex partners have the option to validate their informal life partnership through a notary public. This entails the notary issuing an official declaration that substantiates the existence of an informal life partnership between you and your partner.

[Read: How to get something notarized]

Article 4 of the Law of Same-Sex Life Partnerships articulates:

Neformalno životno partnerstvo u području nasljeđivanja, poreznog sustava, mirovinskog osiguranja, sustava socijalne skrbi, obveznog zdravstvenog osiguranja i zdravstvene zaštite, prava i obveza iz radnih odnosa, pristupa javnim i tržišnim uslugama te javnopravnog položaja stvara iste učinke, koji su posebnim propisima kojima se uređuju ta područja, priznati izvanbračnoj zajednici.

Translated, the provision states:

Informal life partnership in the field of inheritance, tax system, pension insurance, social welfare system, compulsory health insurance and health care, rights and obligations from labor relations, access to public and market services, and public law status creates the same effects as special regulations that are recognized to the common law union by special regulations governing these areas.

Founded upon principles of equality, reciprocal respect, and mutual aid, informal life partnerships share characteristics with other familial unions. Should a disagreement arise, the existence of an informal life partnership must be substantiated by a court of appropriate jurisdiction.

Rights of life partners and adoption in Croatia

Legislation concerning same-sex partnerships asserts Croatia's commitment to 'establish conditions facilitating access for same-sex communities to all necessary means for collectively and successfully developing their family lives.' Nevertheless, certain aspects continue to diverge in practical application.

Should one of the partners have a child or children from a prior relationship, the other partner may petition the municipal court (situated in the child's locale of domicile) for appointment as a partner-guardian. This, however, is exclusively feasible when the child or children in question are not already under the care of a recognized legal parent.

Illustratively, if a life partnership has been formed by two women and one possesses children from a preceding marriage, the new spouse is legally prevented from adopting her partner's children if the biological father is alive and has not forfeited his parental prerogatives. At best, the newly partnered individual can aspire to assume the role of a 'stepmother' to the children. All associated rights and responsibilities, nonetheless, continue to reside with the biological parents.

In a scenario where two women co-parent a child conceived through an egg donor, and the sperm donor has not asserted his parental rights, the non-birthing mother possesses the right to petition the municipal court for designation as a partner-guardian. The court will, in turn, solicit an assessment from the relevant social welfare center. Should the process proceed favorably, the other partner can be granted the status of partner-guardian, endowed with identical rights and duties as an individual who has legally adopted a child.

A landmark ruling was handed down by the Upravni sud u Zagrebu (Administrative Court in Zagreb) during April of two thousand twenty-one (2021). Subsequently, in May of two thousand twenty-two (2022), an identical determination was issued by the Visoki upravni sud Republike Hrvatske (High Administrative Court of the Republic of Croatia). Consequently, same-sex life partners throughout Croatia are now permitted to adopt children. This ruling stemmed from a legal challenge involving two same-sex life partners who had advocated for their adoption rights for a period of six (6) years. The tribunal ultimately rendered a judgment in their favor.

This momentous ruling has established an avenue for all same-sex life partners to pursue child adoption, free from discriminatory practices. To initiate the adoption procedure, life partners are required to reach out to the nearest Centar za socijalnu skrb (Center for Social Welfare) and submit an application for an adoption assessment. Updates on this matter will be continuously provided.

[Read: How to adopt a child and adoption by foreigners]

On September fifth, two thousand fourteen (2014), the inaugural same-sex life partnership was formally recorded in Zagreb, involving a Croatian national and a citizen of Serbia. The establishment of this partnership permitted the Serbian national to apply for and subsequently be granted temporary residence within Croatia.

View our other Croatian partnership posts

Sources:
Sklapanje životnog partnerstva by e-Građani
Životno partnerstvo by Ministarstvo pravosuđa, uprave i digitalne transformacije
Što je životno partnerstvo? by Životno partnerstvo
Odbijena žalba Ministarstva: istospolni parovi u Hrvatskoj mogu zajedno pristupiti procjeni za posvojitelje! by Dugine obitelji
Povijesni trenutak: lezbijski i gej parovi u Hrvatskoj mogu pristupiti procjeni da postanu posvojitelji by Dugine obitelji

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