Samaná is governed by federal Dominican Republic law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- Ambiguous
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Single only
- Intersex Infant Surgery
- Unknown
- Military
- ✖ Illegal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Samaná is lacking public opinion data.
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Suggest Public Opinion DataHistory
Homosexual activity in Samaná is legal.
Current status
Since Jan 1, 1822
Jan 1, 1535–Jan 1, 1822
Illegal (death penalty as punishment)
Prior to the Spanish colonization of the Dominican Republic, no laws governed Dominican soil. History of indigenous Tainos may have shown some limited tolerance of "two-spirt" or gender diverse individuals akin to LGBT folks in modern day society, but these links are to thin to draw. The near non-existent archival of Taino culture does not help. In 1535, the Dominican Republic was incorporated into New Spain and with it labeled as a Captaincy General and a province of the Spanish empire, which granted it the same rights as any other province in Peninsular Spain, bearing the brunt of colonial anti-sodomy laws in place at the time.
Same-sex marriage in Samaná is banned.
Current status
Since 2010
Banned
Dominican Republic law does not recognise any marriage or partnership between same sex couples. In 2010 the Constitution was amended to affirm that "The State shall promote and protect the family organization based on the institution of marriage between a man and a woman" (Article 55). In 2018 the IACHR ruled that the American Convention on Human Rights requires Dominican Republic to legalise same-sex marriage.
Jan 1, 1535–Jun 17, 1944
Ambiguous
Prior to Spanish colonization, Pre-colonial Taino society may have had limited tolerance and recognition of gender diverse individuals who modern society would consider akin to LGBT folk. Despite this, the literature on these pre-Columbian societies is non-existent. If any recognition of gender-diverse marriage existed, it may have been through spouses in polygynous households.
Censorship of LGBT issues in Samaná is no censorship.
Current status
No censorship
In Dominican Republic, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Samaná is illegal.
Current status
Illegal
Legal gender change is currently illegal in the Dominican Republic. In spite of this, laws do exist in the realm of name change as far back as 1944. In January 2023, a process for name change was further strengthened through the Organic Law on Civil Status Acts. A attempt to regulate this institution failed in 2021.
Gender-affirming care in Samaná is legal.
Current status
Since 1996
Legal
In 1996, Dominican Republic adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Legal, but restricted for minors
In 1980, Dominican Republic adopted the ICD-9 classification, which included codes allowing for the diagnosis of transsexualism in adults.
Restricted
In 1972, Dominican Republic legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Until 1972
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Samaná is not legally recognized.
Current status
Not legally recognized
The Dominican Republic does not allow gender change, including non-binary gender.
LGBT discrimination in Samaná is illegal in some contexts.
Current status
Since Jan 1, 2000
Illegal in some contexts
Protection from discrimination based on sexual orientation was probited by the General Law on Youth (Law 49/2000) and Article 11 of the Code of Criminal Procedure. In 2011 Law 135/2011 on HIV/AIDS prohibited discrimination based on sexual orientation and gender identity.
Several attempts have been made to prohibit discrimination for LGBT folks since 2015 in the state legislatures but have encountered many barriers. A new penal code project has been considered since but has lingered in parliament.
Several attempts have been made to prohibit discrimination for LGBT folks since 2015 in the state legislatures but have encountered many barriers. A new penal code project has been considered since but has lingered in parliament.
LGBT employment discrimination in Samaná is ambiguous.
Current status
Since Jan 1, 2000
Ambiguous
While no law offers explicit protection on the basis of sexual orientation in employment, it could be argued that Article 2 of the General Law on Youth (Law No. 49) (2000), which prohibits discrimination based on sexual orientation, could apply to employment matters. However, this law only protects youth between 14 and 25 years of age.
Until 2000
No protections
LGBT employment discrimination is not illegal, and Law 285-66 specifically prohibits LGBT people from serving in the police force.
LGBT housing discrimination in Samaná is no protections.
Current status
No protections
The law offers no protection for discrimination in matters of housing.
Same-sex adoption in Samaná is single only.
Current status
Single only
Same sex couples are not allowed to adopt. Additional scrutiny is placed on unmarried people wishing to adopt.
Intersex infant surgery in Samaná is unknown.
Current status
Unknown
Serving openly in military in Samaná is illegal.
Current status
Illegal
In 2012 the newspaper El Caribe cited the Minister of the Armed Forces as saying that "presence of homosexuals in their ranks" was prohibited by law.
Blood donations by MSMs in Samaná is legal.
Current status
Legal
The Domincian Red Cross does not seem to serve any indication that donation for homosexuals can be a problem.
A provision states on the webpage “Prevent and alleviate human suffering, improving the situation of the most vulnerable people, with absolute impartiality and without discrimination of race, nationality, sex, social class, religion or political opinion.”
A provision states on the webpage “Prevent and alleviate human suffering, improving the situation of the most vulnerable people, with absolute impartiality and without discrimination of race, nationality, sex, social class, religion or political opinion.”
Conversion therapy in Samaná is not banned.
Current status
Not banned
Conversion therapy ban pending.
Equal age of consent in Samaná is equal.
Current status
Equal
The age of consent is set equally at 18 years of age in the Code for the protection of the rights of children and adolescents.
Legal Rights
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This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Samaná to help improve its accuracy.
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