You have a right to freely choose whom you wish to marry. However, the Slovenian law provides for certain restrictions regarding the choice of your spouse.
You have the right to marry a partner of your choice regardless of their origin or nationality. Legal provisions may restrict your choice, but this can only be done to protect important and legitimate interests. In Slovenia, you cannot marry various categories of persons, such as your close relatives.
Relatives
Marriage is prohibited between close blood relatives in a direct line (parents, grandparents, children, etc.), brothers and sisters, as well as between half-brothers and half-sisters, aunts and nephews, uncles and nieces. Marriage cannot be concluded between an adoptive parent and an adoptee.
note Marriage between the children of siblings (cousins) and between the children of half-brothers and half-sisters can only be concluded with court’s approval and for justified reasons. Court’s approval is also needed for conclusion of a mariage between a legal guardian and his or her ward as long as legal guardianship is in place.
Same-sex partners
Even though the Slovenian Constitution is silent about the choice of marital parter, the Family Code defines marriage as a union between partners of the opposite sex. Therefore, marriage between same-sex couples has been until recently prohibited. A union between same-sex couples could have been legally concluded as a civil union.
European Court of Human Rights has recognized that same-sex couples are just as capable of entering into stable, committed relationships as opposite-sex couples, and in certain situations may have a right to request legal recognition of their relationship. There is an emerging trend towards the legal recognition of same-sex couples in many European countries.
On 16 June 2022, the Constitutional Court found that such a regime, where only two persons of different sexes can enter into marriage and where same-sex partners living in a formal partnership cannot adopt a child together, discriminates against same-sex couples.
The Court gave the legislator a six-month deadline to abolish the unconstitutional regulation. It further ruled that, until the unconstitutionality is remedied, it is to be presumed that:
- marriage is a living union between two persons, irrespective of sex, and that
- same-sex partners living in a civil partnership may jointly adopt a child under the same conditions as spouses.
note Same sex marriage is recognized at least in nine states in Europe: Belgium, France, Denmark, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the Great Britain (except Northern Ireland).
Other states also provide alternative forms of recognition of the relationship between same-sex couples, such as a civil union.
Transsexuals
Persons who have undergone gender reassignment and have officially changed their gender have the same rights and restrictions regarding a marriage procedure as any other person.