LGBT rights in Aruba

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LGBT rights in Aruba
Same-sex sexual activity legal? Legal
Discrimination protections No
Family rights
Recognition of
Same-sex marriages performed in the Netherlands recognized
Adoption Same-sex couples allowed to adopt jointly[citation needed]

Lesbian, gay, bisexual, and transgender (LGBT) persons in Aruba may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Aruba, but same-sex couples with Dutch nationality must travel to the Netherlands to get married and legal protection of marriage is not unconditional.

Law regarding same-sex sexual activity[edit]

Same-sex sexual activity is legal in Aruba.[1]

The age of consent in Aruba is 15, as specified in Article 251 of the Criminal Code of Aruba (which Aruba adapted after its secession from the Netherlands Antilles) which reads:

Art 251: "A person who, out of wedlock, with a person who has reached the age of twelve but has not reached fifteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of at most 100 000 florin".[2]

For children 12-15 prosecution only takes place upon a complaint by the minor or his parents.[3]

Recognition of same-sex relationships[edit]

As part of the Kingdom of the Netherlands, Aruba is obliged to recognize same-sex marriages registered in the Netherlands (including the Caribbean Netherlands: (Bonaire, Sint Eustatius and Saba)[4] as valid. The Aruban government initially did not recognize these marriages, but was challenged by a lesbian couple who had legally married in the Netherlands and then moved to the island. The case went to the Dutch Supreme Court, which ruled on 13 April 2007 that Aruba must recognize all marriages registered in the Netherlands.[5]

Adoption and family planning[edit]

See also: LGBT parenting

Adoption by same-sex couples is legal.[citation needed]

See also[edit]