The new penal code adopted in 1991 did not mention if homosexuality was illegal.

Article 234 of the Civil Code establishes that marriage is the union between a man and a woman. The Civil Code establishes that "homosexuality" is grounds for divorce, separation and annulment of marriage.

The Constitution (1993) establishes that cohabitation is the stable union of a man and a woman (Article 5).

On four occasions since 2016, the National Registry of Identification and Civil Status (RENIEC) was ordered through judicial means to recognize and register same-sex marriages celebrated abroad, however, the RENIEC appealed all the rulings.

In 2020, the Constitutional Court declared inadmissible the appeal for constitutional grievance filed by Óscar Ugarteche, so that the RENIEC would comply with registering his marriage certificate with his same-sex partner, which was celebrated in Mexico.

In 2022, the Constitutional Court declared the constitutional grievance inadmissible on the grounds that the registration of same-sex marriages “collides with the notion of marriage contained not only in the Civil Code, but also in the Political Constitution of Peru.” Susel Paredes and Gracia Aljovín filed the lawsuit.

In July 2023, the Fourth Constitutional Court of the Superior Court of Justice of Lima ordered RENIEC to register the marriage of a same-sex couple celebrated in Argentina. The Court decided not to apply Article 234 of the Civil Code in the specific case because it is contrary to the principle of equality and non-discrimination contained in the constitution and international agreements. The decision only applies to the plaintiff couple and does not affect the content or validity of Article 234.

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

According to PROMSEX, a leading local organisation, the lack of a specific law regulating the legal recognition of gender means that "transgender people seeking recognition of their social name and gender have to resort to a judicial process in civil proceedings". A process described as "cumbersome, long and often full of stereotypes (...) [which] contains more steps and longer deadlines, leading to a longer time for the resolution of the case". Generally, court proceedings for legal gender recognition require a person to undergo gender affirmative surgery and other pathologising requirements.
In July 2020, the Third Transitory Constitutional Court of the Superior Court of Lima ordered in its Judgment No. 12 (2020) that the National Registry of Identification and Civil Status (RENIEC) must develop a procedure to rectify the name, sex and image components of the ID documents of trans and intersex persons, through an administrative procedure without pathologising requirements. However, RENIEC appealed this judgment and the final resolution is still pending.
In 2021, five years after it was originally submitted, the Parliamentary Commission for Women and Family of the Peruvian Congress provided its opinion on the Gender Identity Bill (Bill No. 790-2016) (2016). As of January 2023, the bill is still pending.
Moroever, in September of 2021, local media reported that for the first time in Peruvian history, a civil court ruled in favour of a trans woman who requested to change her name and sex on her DNI without undergoing gender affirmation surgery. (ILGA)

Non-binary options missing.

According to Articles 46 and 323 of the Penal Code, the decree issued in 2017 outlawing discrimination, incitement to discrimination, and hate crimes based on sexual orientation and gender identity is still in effect.

Under the Revised Peru Criminal Code.

Only straight couples can adopt and even sometimes LGBTQ+ couples can't adopt.

Not criminalized in Peru.

The Constitutional Court ruled that ones sexual orientation is not good grounds to terminate service in the police or the military. Peru has yet to allow trans service

Certain gay and lesbian people who have attempted to donate blood in Peru have been rejected because of their sexual orientation. However, there are no laws against gay and lesbian people donating blood so long as they are in good health, but many blood drives have still rejected applications.

In 2021, the Ministry of Health issued the Technical Guidelines for the Comprehensive Mental Health Care of the Adolescents. Section 8.3.4 ban "conversion therapies" against LGBTIQ adolescents.