Pregledni rad
https://doi.org/10.5559/di.34.4.05
Adoption by Persons of Homosexual Orientation with Reference to the Republic of Croatia
Matko Guštin
orcid.org/0000-0002-4577-0856
; Sveučilište J. J. Strossmayera u Osijeku, Pravni fakultet, Osijek, Hrvatska
*
* Dopisni autor.
Sažetak
Adoption by persons of homosexual orientation is a current,
but at the same time controversial topic. The European Court
of Human Rights has, through its case law, confirmed the
freedom of states to regulate this issue independently, subject
to the prohibition of discriminatory treatment. In the Republic
of Croatia, life (same-sex) partners do not have the
possibility of jointly adopting a child, with additional
confusion arising from a decision of the High Administrative
Court of the Republic of Croatia in 2022. Therefore, this
paper aims to present the issue of adoption by persons of
homosexual orientation with special reference to the
(im)possibility of adoption by life partners in the Republic of
Croatia, and to present the legal implications of the decision
of the High Administrative Court of the Republic of Croatia
from 2022. With the aforementioned decision, and considering
the complexity of this topic, international treaties related
to adoption, national Croatian family and anti-discrimination
legislation, and recent decisions of the European Court of
Human Rights are also analysed. Since the Constitutional
Court of the Republic of Slovenia also decided on the
possibility of adoption by same-sex partners in the same
year, its significance is analysed as an example of the legal
regulation of this issue.
Ključne riječi
adoption; Family Law Act; the best interest of the child; persons of homosexual orientation; High Administrative Court of the Republic of Croatia
Hrčak ID:
343746
URI
Datum izdavanja:
4.1.2026.
Posjeta: 177 *