Adoption of another Act proposed by Minister of Demographics, Family, Youth and Social Policy Nada Murganić was postponed until further notice over definition of family, this time foster families.
Discussion on the proposed Foster Care Act was removed from the agenda of the Sabor Committee for Family, Youth and Sports on Wednesday and it is uncertain whether the proposed Act will be discussed at the plenary session next Thursday as planned. The reason is the People's Party (HNS)' harsh criticism of the Act, according to which life partners are not explicitly listed as unions legally allowed to adopt children.
- We told our partners in the ruling coalition that the HNS finds the proposal unacceptable as it would derogate the Life Partnership Act as well as parts of the Constitution. This is our position and we are not going to budge. We have agreed to continue consultations with coalition partners on Tuesday and, depending on how it goes, decide whether the proposed Act will be discussed at the plenary session on Thursday - said HNS caucus head Milorad Batinić.
HNS sees discrimination
This proposal, he noted, would directly discriminate against life partners. Batinić pointed out that the HNS finds it absurd that the proposed Act lists singles as eligible to adopt, but not legally recognized family unions.
The proposed Foster Care Act, which includes many changes, was sent into Sabor procedure with definition of foster family almost identical to the one in the existing Act, which stipulates that a foster family is 'a union comprising the foster parent, their marital or extramarital partner, children and other family members living in the same household'. Life partners and informal life partners are not explicitly listed among people eligible to file for adoption even though they are equal to marital and extramarital partners in all regards except when it comes to joint adoption of children according to the Life Partnership Act. This includes providing foster care.
Key objections
During the public discussion on the proposed Act, a series of objections were submitted through e-counseling, warning that life partners must be included in the definition, but the Ministry rejected all objections, claiming that 'foster care as a social measure is recognized in accordance with the Social Care Act, which defines such unions as marital or extramarital partners, children and other family members living, earning and spending together, with definition of foster care family in line with the Act'.
Example of agreement
It is interesting that changes to the Social Care Act were adopted last year. No proposal to change the definition was made during the process, which is why no objections could be made about it. However, the list of people eligible for status of caregiver was expanded to include extramarital and marital partners in addition to parents. A series of objections was made and all were accepted with the following explanation: 'Ministry of Demographics supports suggestions for expanding the list of people eligible for status of caregiver to formal and informal life partners in line with the Life Partnership Act, which presents a significant step forward with regard to equalizing rights of formal and informal same-sex life partners with those of marital and extramarital partners of opposite sex.'
However, it appears that the argument was not accepted as far as foster care goes even though the purpose of the Act, as Minister Murganić pointed out on several occasions, is to expand the circle of families eligible to adopt, which Croatia needs badly.
-When it comes to children and their upbringing in same-sex unions, the Croatian Democratic Union (HDZ) is careful to say the least as it knows that changes would cause significant resistance from a part of the party. At any rate, it is clear that this would present the first step towards allowing adoption, which the right wing of the party and its supporters would never accept - said our interlocutor.
Unofficial sources noted during the public discussion that, regardless of definition, same-sex unions would be allowed to adopt in practice if they expressed interest because social care centers will be able to point to the Life Partnership Act.
-However, it appears that this is not the case as the Act does not explicitly list such unions - noted Batinić.
One same-sex couple went to a social care center and applied for status of foster care family. Even though the couple met all other criteria, the application was rejected as the couple lives in life partnership. The couple complained to the Ministry, which did not respond to the complaint, so the couple launched a lawsuit against Croatia. The process is still ongoing.
Before the Act was adopted, Minister Murganić frequently pointed out that the main purpose of changes is to expand the circle of potential foster care families, but she does not see life partners in that circle
Head of the HNS caucus claims that he will insist on including registered life partners in the circle of potential foster care families.