The penal code adopted in 1991 did not mention if homosexuality was illegal. However there are several reports of local laws against loitering and indecent exposure being used disproportionately against LGBT people, especially trans women.

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.

Since a landmark constitutional court ruling it has been able to change their legal gender on national identity documents. However, please note, it is reported that the process is very difficult and costly both in time needed and the burden of paying for several lawyers to navigate complicated judicial procedures.

Gender affirming care in Peru is believed to be legal with no oppressive restrictions but as it has no comprehensive gender identity law like many countries it is not clearly regulated.

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.

In December 2012, the constitutional court handed down a decision ruling unequal ages of consent were unconstitutional.