Same-sex marriage

Some forty countries have opened it, around sixty still punish same-sex relations, and every intermediate arrangement sits between the two. What matters to a couple is not the world map: it is what their union is worth in the country where they live.

Illustration: Same-sex marriage

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Three situations, not two

The question is usually framed as a yes or a no. In practice, every couple falls into one of three situations, and the difference between them is considerable.

Marriage openThe same rules as for everyone else: same conditions, same effects, same certificate. That is the position in some forty states, mainly in western Europe, the Americas and Oceania, together with South Africa, Taiwan, Thailand and Nepal.
Alternative statusA registered union, a civil partnership, a cohabitation contract: something exists, but it is not marriage, and the gap almost always falls in the same places — parenthood, adoption, sometimes inheritance or nationality.
Nothing, or worseNo recognition at all; and in around sixty countries same-sex relations remain criminal offences, up to life imprisonment or the death penalty in a small number of states.
Two women in front of a world map, each pointing to a different continent
In a flat one evening, two women stand before a large map of the world, each pointing at a different continent. Every couple finds themselves in one of three situations: access to marriage, an alternative status, or no recognition at all. For a binational couple, the same marriage may be recognised in one country, downgraded in a second and dangerous in a third.

A binational couple can sit in all three at once: married in one country, holding a downgraded status in a second, at risk in a third. That is what the country pages on this page are for.

Which door the change came through

A joyful crowd embraces on the steps of a parliament on a spring day, holding small rainbow flags
Through the courts, parliament or a popular vote: each path leaves lasting traces.

There are only three routes, and each leaves a lasting mark on the national argument.

What marriage actually changes

Beyond the symbolism, marriage is a bundle of rights that no private contract fully reproduces.

Older man at the bedside of his hospitalised husband, holding his hand, while a doctor talks to them
In hospital the spouse is the obvious point of contact; without a legal tie, the family of origin decides.

Parenthood, where equality often stops

Two women seated across from a lawyer presenting them a file, a folded pram against the wall
Adopting one's spouse's child is often the first opening; the presumption of parenthood comes much later.

This is where legal systems diverge most, including among countries that have opened marriage. Four questions arise separately, and a country can answer yes to one and no to the next:

The unrecognised parent trap

A child can have two legal parents in one country and one in another. The consequences are concrete: travel authorisation, medical decisions, inheritance, parental authority if the biological parent dies. If a move is on the cards, settle this before leaving, with a lawyer in both countries.

Recognition from one country to the next

Two men in their fifties push a luggage trolley through an airport arrivals hall
A marriage celebrated in one country is not automatically a marriage everywhere.

A marriage validly celebrated somewhere is not automatically a marriage everywhere. Three cases recur:

One useful nuance: several countries that do not open marriage nonetheless recognise a foreign union for one specific purpose — a spousal visa, joint taxation, hospital visiting — without drawing any further consequence. That functional recognition usually comes from the courts rather than the legislature, and is sometimes won case by case.

Converting a partnership into a marriage

Two men in their fifties signing a register at the civil registry counter, the registrar holding a stamp
Converting a partnership into a marriage is requested at the civil registry; it is never automatic.

In countries that moved from partnership to marriage, earlier unions do not become marriages automatically: you have to ask. Conversion is generally simple and inexpensive, and sometimes takes effect retrospectively from the date of the partnership — which matters for the length of union that some authorities require. Where both regimes coexist, the choice is no longer legal but personal.

What to prepare, whatever the country

Two women in their forties sort documents into a folder at their kitchen table
A will, a power of attorney, an agreement: a few papers protect a couple when things go wrong.

Wherever you are, four documents change a couple's life when things go wrong, and three of them cost a few tens of pounds or euros.

Travelling and moving

In a country that criminalises same-sex relations, caution is not discretion: it is a safety measure. Check your foreign ministry's advice before leaving, do not volunteer your situation on an immigration form that does not ask, and be aware that dating apps are a documented vector for arrest and blackmail there.

The law country by country

The legal framework, the procedure, the time limits and the costs differ from one country to another. Each country below has a detailed page: governing texts, key facts, the actual procedure, costs, where to go and the traps to avoid.

Select a country to open its detailed page.

Europe

Ireland

Marriage by referendum in 2015 — the first country in the world to legislate it by popular vote.

Spain

Marriage open to same-sex couples since July 2005 under Law 13/2005 — the third country in the world — with full equality: joint adoption, parentage, pensions, family reunification; confirmed by the Constitutional Court in 2012; more than 70,000 marriages since; foreigners may marry in Spain if one of them lives there, even where their own law forbids it.

United Kingdom

Marriage since 2014 in England, Wales and Scotland, and only since 2020 in Northern Ireland.

Western Africa

Ghana

An existing misdemeanour, and a far broader bill passed again by Parliament in May 2026.

Nigeria

One of the most restrictive frameworks in the world: the 2013 Act criminalises unions, organisations and support.

Middle Africa

Cameroon

Cameroon punishes same-sex relations under article 347-1 of the Penal Code (Code pénal), with six months to five years' imprisonment and a fine, and is one of the few countries where the provision leads to regular prosecutions, often after a denunciation and on the basis of messages or photos found on a phone; couples are recognised in no form, and a marriage celebrated in the UK or Ireland has no effect there. In the UK, where same-sex couples can marry, the Supreme Court ruled in 2010, in a case brought by a Cameroonian man, that an asylum seeker cannot be expected to hide his or her sexuality to avoid persecution.

Eastern Africa

Ethiopia

Ethiopian law defines marriage as the union of a man and a woman (Constitution, art. 34(1); Revised Family Code, arts 2 to 4), provides no registered partnership, and article 629 of the Criminal Code punishes same-sex acts with simple imprisonment.

Kenya

No recognition, colonial-era provisions still in force — and a Supreme Court ruling confirming the right to organise.

Rwanda

Rwanda does not allow same-sex marriage or any registered same-sex union (Constitution, Art. 17; Law No 71/2024, Art. 195(1)), but its Penal Code contains no offence of same-sex conduct, and the US State Department's 2023 report states that no law criminalised it between adults.

Tanzania

Marriage is reserved to a man and a woman (Law of Marriage Act, s. 9(1)), and both regimes criminalise same-sex conduct: the Mainland Penal Code at ss. 154, 155, 157 and 138A, and Zanzibar's Penal Act of 2018 at ss. 133, 136, 137 and 140.

Uganda

Among the most severe frameworks anywhere, following the 2023 Act largely upheld in 2024.

Zambia

No recognition, criminal provisions with very heavy maximum penalties, and prosecutions that do occur.

Southern Africa

South Africa

The Civil Union Act gives same-sex couples a route to marriage or civil partnership. The legal rules on marriage, adoption and assisted-conception parenthood still have to be read separately.

Southern Asia

India

Decriminalised in 2018, but the Supreme Court declined in 2023 to extend marriage.

Pakistan

No recognition, criminal provisions still in force, and a transgender rights law narrowed by the courts.

Eastern Asia

Hong Kong

No marriage, a court order to create a framework — and a bill rejected by the legislature in 2025.

South-eastern Asia

Indonesia

Marriage is defined as a bond between a man and a woman (Marriage Law, Art. 1) and no national statute recognises same-sex marriage or partnership; the Criminal Code that took effect on 2 January 2026 has no article making same-sex relations as such an offence, but Aceh's 2014 Jinayat Qanun penalises same-sex sexual conduct between Muslims with up to 100 lashes, 1,000 grams of gold or 100 months in prison.

Malaysia

No recognition, and criminalisation under both federal and state religious law.

Philippines

No criminalisation and high visibility, but no recognition and an equality bill pending for twenty-five years.

Singapore

Decriminalised in 2022, and the definition of marriage put beyond the reach of the courts at the same time.

Northern America

Canada

Marriage nationwide since 2005, after provincial courts had already opened it.

United States

Marriage nationwide since Obergefell in 2015, and protected by federal statute since 2022.

Caribbean

Jamaica

No recognition, colonial-era offences still on the books, and a constitutional savings clause blocking challenge.

Trinidad and Tobago

Decriminalised by the High Court in 2018, reversed on appeal in 2025, and no recognition either way.

South America

Argentina

The first country in Latin America to open marriage to same-sex couples, in July 2010 (Law 26.618), with full equality — joint adoption, parentage, pensions — and a gender identity law allowing a change of legal sex by simple declaration since 2012; foreigners may marry without residence, and an Argentine same-sex marriage is a marriage in the UK and Ireland.

Oceania

Australia

Marriage since December 2017, after a voluntary national postal survey.

New Zealand

Marriage since 2013, adoption law still lagging behind it by nearly seventy years.

This topic is also covered for French-speaking countries · German-speaking countries · Poland and the Polish diaspora · Spanish-speaking countries · Italy and Italian-speaking Switzerland · Portuguese-speaking countries · the Netherlands, Flanders and Suriname.

Sources

  1. Same-Sex Marriage Around the World — pewresearch.org, 2025: nearly 40 countries or jurisdictions allow same-sex marriage, mostly in Europe and the Americas, including South Africa (2006), Taiwan (2019), Nepal (2024) and Thailand (2025)
  2. Map of Jurisdictions that Criminalise LGBT People — humandignitytrust.org, 2026: 66 jurisdictions criminalise private consensual same-sex activity, 12 countries with the death penalty imposed or possible
  3. Conjoints et enfants non ressortissants de l'UE — European Commission, 2026 (in French): a non-EU spouse may join an EU citizen in the country where they live (Directive 2004/38/EC); residence rights of a same-sex spouse even where the country has no same-sex marriage
  4. Communiqué de presse n° 80/18 : arrêt dans l'affaire C-673/16, Coman e.a. — curia.europa.eu, 2018 (in French): Coman judgment of 5 June 2018: the 'spouse' in the directive includes a same-sex spouse for residence rights; States remain free to allow same-sex marriage or not
  5. Convert a same-sex civil partnership into a marriage — UK Government (GOV.UK), accessed 2026: UK example: a civil partnership converts into a marriage on request, for £55, with a marriage certificate dated from the partnership
  6. “All This Terror Because of a Photo”: Digital Targeting and Its Offline Consequences for LGBT People in the Middle East and North Africa — hrw.org, 2023: report documenting entrapment through dating apps, arrests and extortion targeting LGBT people (Egypt, Iraq, Jordan, Lebanon, Tunisia)

Official or institutional documents this page relies on, consulted on 12 October 2026. Links open in a new tab.

Content updated in . The instruments cited can change: if in doubt, confirm with the official source given.

Text written with the help of AI, under the editorial responsibility of CAPIT; human reviews are occasional (method and sources: About). This content does not replace medical or legal advice. Spotted an error? Write to us.

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