LGBT rights in Aruba

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LGBT rights in Aruba
Same-sex sexual activity legal? Legal
Military service Yes
Discrimination protections No
Family rights
Recognition of
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 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]

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 other's marriages.[2]

In April 2015 representatives of all four constituent countries agreed that same-sex couples should have equal rights throughout the Kingdom.[3] The same month a registered partnership bill was submitted to parliament.[4]

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 (Proposed) - (Marriages performed within the Kingdom recognized)
Same-sex civil unions No (Pending)
Step-child adoption by same-sex couples Yes
Joint adoption by same-sex couples Yes
Gays allowed to serve in the military Yes
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 No

See also[edit]