LGBT Rights in Costa Rica

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: ✔ No censorship
Changing Gender: ✔ Legal, no restrictions
Gender-Affirming Care: ✔ Legal
Non-Binary Gender Recognition: ✔ Recognized
Discrimination: ✖ Illegal in some contexts
Employment Discrimination: ✖ Sexual orientation only
Housing Discrimination: ✖ No protections
Adoption: ✔ Legal
Intersex Infant Surgery: ✖ Not banned
Military: N/A
Donating Blood: ✔ Legal
Conversion Therapy: ✖ Not banned
Age of Consent: ✔ Equal

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Public Opinion

Suggest Public Opinion Data

According to recent survey data available, societal resistance to LGBTQ+ rights in Costa Rica is noticeable.

OPPOSE

SUPPORT

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Support for Same-Sex Rights

(La Naci, 2012)

Supported the statement "same-sex couples should have the same rights as heterosexual couples"

Opposed the statement "same-sex couples should have the same rights as heterosexual couples"

Supported the statement aged 18-34

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History

Homosexual activity in Costa Rica

Homosexual activity in Costa Rica is legal.

Current status

Since Jan 1, 1971

Legal federal law

Homosexuality as an act is legal in Costa Rica since 1971 penal code, in 2002 "sodomÃa escandalosa" an unclear minor crime was derogated.
Also in 2013 some debris from these laws was finally absolutely erased.

Details

Same-sex marriage in Costa Rica

Same-sex marriage in Costa Rica is legal.

Current status

Since May 26, 2020

Legal

Same-sex marriage in Costa Rica has been legal since May 26, 2020 as a result of a ruling by the Supreme Court of Justice. Costa Rica was the first country in Central America to recognize and perform same-sex marriages.

Details

Dec 21, 1973–May 26, 2020

Unrecognized

Article 242 of the family law states explicitly that marriage is between a man and a woman who has cohabited for more than 3 years. The recent movement of "accidental passage" of same sex marriage has not taken effect or exercised.

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Censorship of LGBT issues in Costa Rica

Censorship of LGBT issues in Costa Rica is no censorship.

Current status

No censorship

In Costa Rica, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Details

Right to change legal gender in Costa Rica

Right to change legal gender in Costa Rica is legal, no restrictions.

Current status

Since 2018

Legal, no restrictions

Legal since 2018.

Details

Gender-affirming care in Costa Rica

Gender-affirming care in Costa Rica is legal.

Current status

Since 1997

Legal

In 1997, Costa Rica adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.

Details

Legal recognition of non-binary gender in Costa Rica

Legal recognition of non-binary gender in Costa Rica is recognized.

Current status

Since Jun 1, 2018

Recognized

In 2018, the Costa Rican government introduced a third gender option, X, for passports, allowing individuals who do not identify as exclusively male or female to have legal documentation that reflects their gender identity. This makes Costa Rica one of the most progressive countries in Latin America when it comes to recognizing non-binary and X gender marker identities.

Details

LGBT discrimination in Costa Rica

LGBT discrimination in Costa Rica is illegal in some contexts.

Current status

Since May 17, 2015

Illegal in some contexts

In addition to the existing HIV/AIDS law, public workers are now also protected. Within federal agencies, same sex partnerships are also required to be recognized as a family when requesting time off for spousal medical emergencies.

Details

May 20, 1998–May 17, 2015

Illegal in some contexts

General law on HIV/AIDS protects LGBT people from discrimination in some contexts.

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LGBT employment discrimination in Costa Rica

LGBT employment discrimination in Costa Rica is sexual orientation only.

Current status

Since Jan 1, 2016

Sexual orientation only

Article 2 of the Law on Labour Procedural Reform (Law No. 9,343) (2016) amended Article 404 of the Labour Code to include sexual orientation among prohibited grounds for discrimination in employment.

Details

LGBT housing discrimination in Costa Rica

LGBT housing discrimination in Costa Rica is no protections.

Current status

No protections

According to ILGA, laws in force in Costa Rica do not offer protection against LGBT discrimination in housing.

Details

Same-sex adoption in Costa Rica

Same-sex adoption in Costa Rica is legal.

Current status

Since May 26, 2020

Legal

Adoption was legalized for gay couples when gay marriage became legal. Single individuals (whether gay or straight) have been allowed to adopt equally before then.

Details

Intersex infant surgery in Costa Rica

Intersex infant surgery in Costa Rica is not banned.

Current status

Not banned

There's no ban on intersex infant surgery in Costa Rica

Details

Serving openly in military in Costa Rica

Serving openly in military in Costa Rica is n/a.

Current status

N/A

Costa Rica does not have a military.

Details

Blood donations by MSMs in Costa Rica

Blood donations by MSMs in Costa Rica is legal.

Current status

Since Aug 1, 2007

Legal

After many years of activism, Costa Rica lifted the ban on gay and bisexual men donating blood. The ban had originally been put in place due to fear of HIV-AIDS.

Details

Sep 13, 1990–Aug 1, 2007

Banned (indefinite deferral)

Costa Rica banned gays from donating blood with Executive Decree 19933-S. The Degree was published in the Sept. 13, 1990 edition of the official government newspaper, La Gaceta. The order specifically identified gay men, sex workers, intravenous drug users and others as â€œhigh riskâ€ for blood donation, citing concerns about HIV-AIDS.

Details