Legal as a British Overseas Territory.

In December of 2017, the St Helena Council passed, in a 9-2 vote, a bill permitting same-sex marriage.

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

Per the UK Gender Recognition Act 2004 (in effect 2005) one may go before a gender recognition panel. The requirements are as follows:
1. Must be 18 years of age
2. Must have a gender-dysphoria diagnosis
3. Must intend "to continue to live in the acquired gender until death"
4. Has lived in the acquired gender for at least 2 years.
5. If married: must acquire the consent of the spouse.

If approved then one is granted a gender recognition certificate and may change the gender marker on legal documents.

Due largely to its small population, Saint Helena lacks the necessary medical infrastructure to provide gender affirming care, and it has not been regulated.

The UK's Gender Recognition Act 2004 allows for a person to change their legal gender to either 'male' or 'female'; there is no third gender option.

In 2021, the UK government said (in response to a petition) that legal recognition of non-binary gender identity would have "complex practical consequences for other areas of the law, service provision and public life", and said that they felt existing legislation allowing people to change their legal gender went far enough. Courts have, however, ruled that people with non-binary identities are protected from discrimination by the Equality Act.

On 4 October 2023, then-Prime Minister Rishi Sunak asserted his stance on gender identity in a speech at the Conservative Party conference, stating it was “common sense” that “a man is a man and a woman is a woman”.

In January 2024, the High Court in London ruled that (in the case of a US citizen trying to have their non-binary identity recognised in the UK), "We have decided that whenever the Gender Recognition Act refers to ‘gender’ it refers to a binary concept – that is, to male, or to female gender. The GRP [Gender Recognition Panel] accordingly, had and has no power to issue a gender recognition certificate to the claimant which says that they are ‘non-binary’".

The act applied to the entire UK, and Scotland's attempts to recognise non-binary genders have all failed.

Since 2010, St Helena has allowed anyone to adopt but same-sex couples have only enjoyed marriage rights since December 2017 meaning before this only single same-sex couples could adopt.

As they are a British overseas territory, St Helena is defended by the British Armed Forces.