Herceg-Novi is governed by federal Montenegro law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Civil unions (limited rights)
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Herceg-Novi is legal.
Current status
Since Jul 1, 1977
Legal
The Criminal Code of the Socialist Republic of Montenegro adopted on June 17, 1977 decriminalized consensual male homosexuality on the territory of Montenegro in the then SFRY.
Male illegal, female legal
The Criminal Code of the Federal People's Republic of Yugoslavia adopted on February 27, 1951 criminalized consensual sexual intercourse between men throughout its territory, including Montenegro.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The 1959 amendment reduced the prison sentence by one year.
Article 186: for unnatural fornication between persons of the male sex, the perpetrator shall be punished with imprisonment for up to two years.
The 1959 amendment reduced the prison sentence by one year.
Illegal (imprisonment as punishment)
The Criminal Code for the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia as of October 3, 1929) adopted on January 27, 1929 criminalized "unnatural fornication" without specifying the definition of the mentioned term.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Paragraph 285: for unnatural fornication between persons, the perpetrator shall be punished with strict imprisonment, unless the act turns into a more serious crime.
Same-sex marriage in Herceg-Novi is civil unions (limited rights).
Current status
Since Jul 15, 2021
Censorship of LGBT issues in Herceg-Novi is no censorship.
Current status
No censorship
In Montenegro, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Gender-affirming care in Herceg-Novi is legal.
Current status
Since 2012
Legal
Since 2012, Montenegro has provided gender affirming care after it was added to the list of publicly insured medical procedures.
Banned
Until 2012, there was no gender affirming care provided in Montenegro, forcing trans people to go abroad for such procedures.
Restricted
In 1977, Montenegro legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1977
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Herceg-Novi is not legally recognized.
Current status
Not legally recognized
Montenegro does not currently recognize non-binary identities.
LGBT discrimination in Herceg-Novi is illegal.
Current status
Since Aug 14, 2010
Illegal
On July 27, 2010, Montenegrin Parliament passed a Law on Prohibition of Discrimination, which prohibits, among other categories, discrimination on the basis of sexual orientation, gender identity and intersex characteristics in all areas.
Illegal in some contexts
Before the adoption of the Anti-Discrimination Law in 2010, several laws prohibited discrimination based on sexual orientation: - law on media (2002), article 23; - labour law (2008), article 5.
Also, the 2007 Constitution prohibits discrimination in general but it does not mention sexual orientation or gender identity.
Also, the 2007 Constitution prohibits discrimination in general but it does not mention sexual orientation or gender identity.
LGBT employment discrimination in Herceg-Novi is sexual orientation and gender identity.
Current status
Since Aug 14, 2010
Sexual orientation and gender identity
Article 16 of the Anti-Discrimination Law from 2010 bans Employment discrimination. Discrimination is prohibited on basis of sexual orientation, gender identity and intersex characteristics among others.
Sexual orientation only
Aricle 5 of the 2008 Labour Law prohibits employment discrimination. Sexual orientation is one of explicitly mentioned grounds.
No protections under federal Montenegro law
Article 3 of the 2003 Labour Law prohibited discrimination in employment but did not mention sexual orientation or gender identity.
Until Jul 28, 2003
No protections
Before this date there was no protection of the LGBT population from discrimination in Employment in the Montenegrin legislature.
LGBT housing discrimination in Herceg-Novi is sexual orientation and gender identity.
Current status
Since Aug 14, 2010
Sexual orientation and gender identity under federal Montenegro law
The Anti-discrimination law bans discrimination on the basis of sexual orientation, gender identity and intersex characteristics in all areas.
No protections under federal Montenegro law
The Constitution of Montenegro prohibits discrimination on any ground. However, it does not explicitly mention sexual orientation or gender identity.
Until Oct 21, 2007
No protections
Before this date there was no protection against discrimination in Housing in Montenegrin legislation.
Same-sex adoption in Herceg-Novi is illegal.
Current status
Since Sep 1, 2007
Illegal
According to article 132 of the 2006 Family Law in Montenegro, adoptive parents can be:
- spouses or common-law partners together
- the spouse or common-law partner of the child's parent
- exceptionally, with the permission of the cabinet minister responsible for social welfare, a person who lives alone if particulary justified reasons exist for doing so.
This practically means that single people (regardless of sexual orientation or gender identity) are not allowed to adopt.
- spouses or common-law partners together
- the spouse or common-law partner of the child's parent
- exceptionally, with the permission of the cabinet minister responsible for social welfare, a person who lives alone if particulary justified reasons exist for doing so.
This practically means that single people (regardless of sexual orientation or gender identity) are not allowed to adopt.
Intersex infant surgery in Herceg-Novi is not banned.
Current status
Not banned
There is no official ban on unnecessary sex reassignment operations in infants in Montenegro.
Serving openly in military in Herceg-Novi is legal.
Blood donations by MSMs in Herceg-Novi is legal.
Current status
Since Mar 6, 2014
Legal
MSMs are allowed to donate blood following the same criteria as any other donor.
Conversion therapy in Herceg-Novi is not banned.
Current status
Not banned
There is no ban of Conversion Therapy in Montenegro.
Legal Rights
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Herceg-Novi LGBT Organizations
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