LGBT rights in Aruba

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LGBT rights in Aruba
Same-sex sexual activity legal? Legal
Military service Yes
Discrimination protections Yes
Family rights
Recognition of
· Same-sex unions
· Same-sex marriages performed in the Netherlands recognized

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[1] must travel to the Netherlands or its special municipalities 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.[2]

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 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 the Kingdom's constituent countries must recognize all of each others marriages.[3]

In April 2015, representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom.[4] The same month a registered partnership bill was submitted to parliament.[5]

On the 22 August 2016, Desiree de Sousa - Croes, an openly gay Senator, who married her same sex partner in the Netherlands, introduced a bill to legalize civil unions for same-sex couples. However, the vote to introduce the bill to legalize unions for same-sex couples was postponed to 8 September 2016, since some Members of Parliament support civil unions for same-sex couples, others still need to make up their minds.[6]

On September 8, 2016, the Arubian parliament ruled to recognize same-sex civil unions.[7]

Summary table[edit]

Same-sex sexual activity legal Yes
Equal age of consent Yes
Anti-discrimination laws in employment No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas No
Same-sex marriages No/Yes (recognized when performed in the Netherlands)
Same-sex civil unions Yes (Since 2016)
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays allowed to serve in the military Yes (the Netherlands responsible for defence)
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gays male couples No (Banned for heterosexual couples as well)
MSMs allowed to donate blood Emblem-question.svg

See also[edit]