Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Serbia face significant challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in Serbia, and discrimination on the basis of sexual orientation is banned in areas such as employment, education, media, and the provision of goods and services, amongst others. Nevertheless, households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples.
In May 2014, Amnesty International identified Serbia as one of a number of countries where there is a marked lack of will to tackle homophobia and transphobia, noting that public authorities had repeatedly banned pride parades on the basis of violent threats from homophobic groups. They had also failed to protect LGBTQ individuals and organizations from discrimination, including verbal and social media threats and physical attacks. The Belgrade Pride successfully took place in September 2014 in Belgrade. Since then, pride parades have been held annually (except in 2020, when the event was held online due to the COVID-19 pandemic), with local mayors and some government ministers regularly attending. In its 2026 Rainbow Map, the association ILGA-Europe ranked Serbia 29th out of 49 observed European countries with a score of 34%, a decline from 27th in 2024.
In June 2017, Ana Brnabić became the prime minister of Serbia, as the first woman and first openly lesbian person to hold the office, and the second female LGBTQ head of government overall (after Jóhanna Sigurðardóttir of Iceland). She was also the first Serbian prime minister to attend a pride parade. On 20 March 2024, she was elected president of the National Assembly of Serbia, leaving her prime minister position.
Law regarding same-sex sexual activity
Revolutionary Serbia (1804–1813) Although religious laws existed prohibiting same-sex love and relationships, expressions were common in both Orthodox Christian and Islamic society. One expression of same-sex bonds among Orthodox Christians were brotherhood unions known as "Pobratimstvo" (Adelphopoiesis), although the sexual character of these unions is debated among scholars. The early nineteenth century saw a time of relative turmoil for Serbia, with sporadic periods of stability. In 1804, the First Serbian Uprising established a de facto self-governing revolutionary state in Serbia, which lasted until the Ottoman Empire re-established control in 1813; full Ottoman-recognised autonomy of the Principality of Serbia came later, in 1830. Karađorđe's Criminal Code () was subsequently promulgated by the sometime in late spring or early summer 1807, and remained in force until 7 October 1813, when the Ottoman Empire re-gained control of Serbia.The full text was rediscovered in the State Archives in 1903, upon accession of Karađorđe's grandson Peter I of Serbia to the throne. The Code penalised certain issues related to marital life and sexuality (such as forced marriage, rape, separation/divorce without the approval of a clerical court, and infanticide). It did not, however, mention same-sex sexual activity; and so homosexuality was not criminalised for a period of six years.
Principality of Serbia (1815–1882) In 1858, the Ottoman Empire, of which Serbia was nominally a vassal, removed sodomy provisions from its penal code, although some scholars dispute the framing of this as a clear "decriminalization".
However, the progressive reforms introduced by Prince Alexander Karađorđević and Prince Mihailo were overturned when Miloš Obrenović returned to power. In the first post-medieval Criminal Code of the Principality of Serbia, named "Kaznitelni zakon" (Penalty Act), adopted in 1860, sexual intercourse "against the order of nature" between males became punishable by from 6 months' to 4 years' imprisonment. Like in many other countries' legal documents of the time, lesbian sexuality was ignored and not mentioned.V. Para # 206, p. 82 of the "Kaznitelni zakon 1860" in Slavo-Serbian orthographyMihailo will go on with liberalising and modernising Serbia during his own second reign, q.v. in Mihailo Obrenović III, Prince of Serbia
Kingdom of Yugoslavia (1918–1941) In 1918, Serbia became a part of the Kingdom of Serbs, Croats and Slovenes (renamed the Kingdom of Yugoslavia in 1929). At first, the new state effectively inherited the different laws that applied to the different territories that joined together (often contradictory). Eventually, the new Yugoslav Criminal Code of 1929 banned "lewdness against the order of nature" (anal intercourse) between both heterosexuals and homosexuals.
SFR Yugoslavia (1945–1992)
The Socialist Federal Republic of Yugoslavia restricted the offence in 1959 to only apply to homosexual anal intercourse, and the maximum sentence was reduced from 2 to 1 year's imprisonment.
In 1977, same-sex sexual intercourse was legalized in the Socialist Autonomous Province of Vojvodina, while male same-sex sexual intercourse remained illegal in the rest of the Socialist Republic of Serbia (including the Socialist Autonomous Province of Kosovo). In 1990, Vojvodina was reincorporated into the legal system of Serbia, and male homosexuality once again become a criminal offence.
FR Yugoslavia / Serbia and Montenegro (1992–2006) In 1994, male homosexual sexual intercourse was officially decriminalised in the Republic of Serbia, a part of the Federal Republic of Yugoslavia, though amendment of subsection 1 of article 110 (act against order of nature) of the then Criminal Code, which effectively restrained the offence to only acts done under force or coercion. At the same time, subsection 4, which set a ban on male same-sex acts for men ages 14 to 18, with a prison sentence of up to one year, was added. Thus, the age of consent was set at 18 years for anal intercourse between males and 14 for other sexual practices. An equal age of consent of 14 was introduced on 1 January 2006 with the current Criminal Code, regardless of sexual orientation or gender.
Recognition of same-sex relationships
While same-sex couples have never been recognized by law, the new Serbian Constitution adopted in November 2006 effectively bans same-sex marriage: Article 62 provides that marriage is entered into based on the free consent of a man and a woman. However, other forms of recognition, such as civil unions or domestic partnerships, are not explicitly mentioned nor prohibited.
In June 2019, plans were announced to legalise domestic partnerships between same-sex couples by amending the Civil Code. Same-sex couples would be able to enjoy several legal rights, including joint property and alimony. They would not be granted inheritance or adoption rights, nor undergo surrogacy arrangements. In July 2019, a lesbian couple, Jelena Dubović and Sunčica Kopunović, from the northern city of Novi Sad, attempted to register a civil partnership at the municipal registrar's office, but were turned away. They filed a lawsuit, though legal experts believe it is unlikely that they will win the case.
In November 2020, Minister for Human and Minority Rights and Social Dialogue Gordana Čomić announced that the Law on same-sex partnerships would be in parliament in the first half of 2021. The draft law was presented for public consultation in February 2021. In May 2021, however, President Aleksandar Vučić stated that he would not sign the bill, claiming it was unconstitutional, and the legislation subsequently stalled without ever being put to a parliamentary vote. In August 2023, Vučić reaffirmed that he would not sign any same-sex unions law during his term.
In September 2024, opposition members of the Green–Left Front submitted a new Draft Law on Civil Partnership to the National Assembly, covering rights such as maintenance, inheritance and health and social insurance; as of 2026 it had not been scheduled for a vote. The matter is also affected by the 2023 European Court of Human Rights Grand Chamber ruling in Fedotova and Others v. Russia, which held that Council of Europe member states (including Serbia) have a positive obligation to provide some form of legal recognition for same-sex couples.
Adoption and parenting Same-sex couples cannot legally adopt. In early 2019, the Serbian Ministry of Health imposed a ban on those with a "history of homosexual relations during the last five years" from donating reproductive cells for artificial insemination or in vitro fertilisation. The Ministry of Health removed the provision on 23 April 2021. Discrimination protections Until 2002, Serbia had no legal protections specifically aimed at LGBTQ rights.
In 2002, the National Assembly approved the Broadcasting Act (, Zakon o radiodifuziji) which prohibits Serbian broadcasting agencies from spreading information encouraging discrimination, hate and violence based on sexual orientation (among other categories).
In 2005, through a change in the Labor Act (, Zakon o radu), discrimination based on sexual orientation in employment was banned. That same year, Parliament approved the Act on Higher Education (, Zakon o visokom obrazovanju), which guarantees equal rights regardless of sexual orientation in those institutions (among other categories).
On 26 March 2009, Parliament approved a unified anti-discrimination law, known as the Anti-Discrimination Act of 2009 (, Zakon o zabrani diskiminacije), which prohibits, among other categories, discrimination on the basis of sexual orientation and transgender status in all areas. The law specifically defines discrimination as follows:
On 5 July 2011, the Parliament approved a youth act, prohibiting discrimination on the ground of sexual orientation. The law regulates measures and activities undertaken by local governments at improving the social status of youth and creating conditions for addressing their needs and interests.
Laws against anti-LGBT speech Since 2003, there has been legislation (part of the Information Act (, Zakon o javnom informisanju)) specifically in place to counter verbal discrimination based on sexual orientation within the media. The same prohibition formed part of the Broadcasting Act adopted in 2002; however, it was never effectively observed, with the Radiodiffusion Agency (an independent government agency) having failed to take any action against offenders. More widely, the Anti-Discrimination Act of 2009 prohibits hate speech on the basis of sexual orientation across wider Serbia society.European Commission, Serbia 2009 Progress Report, p. 14 With the adoption of the new amendments to the Anti-Discrimination Act in 2021, sex characteristics were included as a basis for prohibition of discrimination, making Serbia one of the first countries in the Western Balkans to do so.
Hate crime laws On 24 December 2012, the Serbian Parliament approved changes to the Penal Code to introduce the concept of a "hate crime", including on the basis of sexual orientation and gender identity. The first conviction under the law came in 2018.
Gender identity and expression On 28 July 2011, the Parliament approved a change in the Health Insurance Act (, Zakon o zdravstvenom osiguranju), based on which sex change surgeries became partially covered by the statewide basic medical insurance plan, beginning in 2012.
In 2012, The New York Times described Belgrade as a hub for sex reassignment surgery, as prices for such procedures were far lower than in neighbouring and Western countries.