The HNS confirmed for us that it will send the Act to the Constitutional Court for verification as the party believes that it presents a case of discrimination, while Prime Minister Andrej Plenković announced that he will not adopt the amendment. According to constitutional law experts, likelihood of the Constitutional Court shutting down the proposed Act is high.
- The HNS will not support the Foster Care Act unless the Croatian Democratic Union (HDZ) adopts our amendment, in which case we will abstain. We want an open and tolerant Croatia and we want same-sex couples to have the right to adopt. That is why we have proposed the amendment and will use all tools at our disposal to get the amendment adopted - noted the HNS.
European rulings
- This violates the principle of equality before the law, which is why we will contest constitutionality of the Act. Apparently, not everyone is equal before the law, which is exactly what we want as liberals: an open and tolerant Croatia, where everyone is equal before the law, irrespective of their name, heritage, sexual orientation and beliefs. The European Court of Human Rights (ECHR) ruled that informal life partners and life partners can be foster parents - noted the party.
Asked why the party supported the draft Act in the first reading, HNS representatives said that the proposed Act includes a series of technical improvements, operationalizes foster care and opens doors to making foster care a profession, which makes foster care easier.
Head of the constitutional law department at the Faculty of Law at the University of Rijeka Sanja Barić reminded that the ECHR already ruled against discrimination with regard to sexual orientation when it comes to foster care, which probably had effect as majority of EU member states allow same-sex couples to adopt children. In Croatia's case, the proposed Act is especially controversial as it allows a gay person to adopt if single, but not if the person has a formal life partner.
- I believe that such a solution, which prevents formal and informal life partners from adopting, would be unconstitutional as it would prevent stable couples from adopting, while homosexuals who are not in stable relationships would be allowed to adopt. This is an obvious case of discrimination against life partnership - claims constitutional law expert Sanja Barić.
Irrational solution
She added that the proposed solution is entirely irrational, stressing that irrationality is a category in constitutional law which leads to unconstitutionality.
- It would be a different issue if only married couples were allowed to adopt, but if adoption is allowed to singles, then we have to allow formal and informal life partners to adopt as well - noted Sanja Barić.
The Government sent the draft Foster Care Act to the Sabor for the second reading, with the HNS opposing it and demanding adoption of the amendment which would allow formal and informal life partners to adopt children, which Prime Minister Plenković rejected and is planning to pass the Act in the Sabor without adopting the amendment. Since majority in the Sabor passes acts, the draft Foster Care Act will likely be passed. The Živi zid could support the amendment, while the MOST revealed that it is against HNS' amendment, but announced not supporting the HDZ. The Independents for Croatia are in a similar position as the party is ideologically against allowing homosexuals to adopt, but is demanding that the HDZ adopts its amendments if it wants support for the draft Act. Caucuses of Mayor of Zagreb Milan Bandić, Democratic Christian Party (HDS) and Social-Liberal Party (HSLS) are split in this regard - HSLS head Darinko Kosor will likely support the amendment, as will some members of Bandić's caucus, while the remainder will be against. The Independent Democratic Serb Party (SDSS) and independent MPs Mirando Mrsić, Bojan Glavašević and Marko Vučetić will support HNS' amendment, as will the Istrian Democratic Congress (IDS), while the GLAS and the Social Democratic Party (SDP) proposed their amendments identical to HNS' and will vote in favor of the first of the three amendments.
Signatures of support
Some 200 experts and scientists supported HNS' initiative - they recently signed a public statement pointing out that "LGBT people are equally capable of being parents as heterosexuals."
- Scientific research consistently shows that quality and efficiency of parenting does not correlate with sexual orientation of parents - the experts stressed.
Majority of EU member states allow same-sex couples to adopt, with Slovakia, Romania, Bulgaria, Hungary, Cyprus and Lithuania the exceptions.
In the case of the Government's draft Act, controversy also lies in the fact that the draft Act allows homosexuals to adopt if they are single, but does not allow adoption if the person has a legally recognized life partner.