Guanacaste is governed by federal Costa Rica law. Learn more
    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

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History

Homosexual activity in Guanacaste

?

Homosexual activity in Guanacaste is legal.

Current status
Since Jan 1, 1971
Legal under federal Costa Rica law
Homosexuality as an act is legal in Costa Rica since 1971 penal code, in 2002 "sodomía escandalosa" an unclear minor crime was derogated.
Also in 2013 some debris from these laws was finally absolutely erased.
Details
Sources:
gaylawnet.com/ezine/crime/i…
vacationscostarica.com/lgbt…
database.ilga.org/costa-ric…
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Same-sex marriage in Guanacaste

?

Same-sex marriage in Guanacaste 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
Sources:
latimes.com/world-nation/st…
hrw.org/news/2020/05/26/cos…
cbsnews.com/news/costa-rica…
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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.
Details
Sources:
iin.oea.org/badaj_v/docs/lc…
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Censorship of LGBT issues in Guanacaste

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Censorship of LGBT issues in Guanacaste is no censorship.

Current status
No censorship
In Costa Rica, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
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Right to change legal gender in Guanacaste

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Right to change legal gender in Guanacaste is legal, no restrictions.

Current status
Since 2018
Legal, no restrictions
Legal since 2018.
Details
Sources:
hrw.org/news/2018/08/08/cos…

news.co.cr/transgender-popu…
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Gender-affirming care in Guanacaste

?

Gender-affirming care in Guanacaste 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
Sources:
ourworldindata.org/grapher/…
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Legal recognition of non-binary gender in Guanacaste

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Legal recognition of non-binary gender in Guanacaste 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
Sources:
ciee.org/about/what-we-stan…
hrw.org/news/2018/08/08/cos…
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LGBT discrimination in Guanacaste

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LGBT discrimination in Guanacaste 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
Sources:
ticotimes.net/2015/05/17/co…
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May 20, 1998–May 17, 2015
Illegal in some contexts
General law on HIV/AIDS protects LGBT people from discrimination in some contexts.
Details
Sources:
hsph.harvard.edu/population…
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LGBT employment discrimination in Guanacaste

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LGBT employment discrimination in Guanacaste 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
Sources:
database.ilga.org/costa-rica-lgbti
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LGBT housing discrimination in Guanacaste

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LGBT housing discrimination in Guanacaste 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
Sources:
database.ilga.org/costa-rica-lgbti
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Same-sex adoption in Guanacaste

?

Same-sex adoption in Guanacaste 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
Sources:
en.wikipedia.org/wiki/Same-…
ameliarueda.com/nota/tres-f…
ameliarueda.com/nota/nuevas…
lateja.cr/nacional/pareja-g…
dw.com/es/el-matrimonio-igu…�rica/a-53576893
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Intersex infant surgery in Guanacaste

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Intersex infant surgery in Guanacaste is not banned.

Current status
Not banned
There's no ban on intersex infant surgery in Costa Rica
Details
Sources:
no sources
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Serving openly in military in Guanacaste

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Serving openly in military in Guanacaste is n/a.

Current status
N/A
Costa Rica does not have a military.
Details
Sources:
dev.prenhall.com/divisions/…
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Blood donations by MSMs in Guanacaste

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Blood donations by MSMs in Guanacaste 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
Sources:
thebody.com/article/costa-r…
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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 “high risk” for blood donation, citing concerns about HIV-AIDS.
Details
Sources:
ticotimes.net/2014/05/27/ta…~:text=Costa%20Rica%20banned%20gays%20from,S%2C%20published%20in%20the%20Sept.
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Conversion therapy in Guanacaste

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Conversion therapy in Guanacaste is not banned.

Current status
Not banned
Unknown.
Details
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Equal age of consent in Guanacaste

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Equal age of consent in Guanacaste is equal.

Current status
Equal under federal Costa Rica law
Age of Consent in Costa Rica it's 15 years, and it's equal regardless of sexual orientation or gender.
Details
Sources:
icmec.org/wp-content/upload…
ageofconsent.net/world/costa-rica
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Equality Index ?
66 / 100
Legal Rights
83 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Guanacaste to help improve its accuracy.

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