This article explores the current status of same-sex marriage in Nepal, the rights afforded to same-sex couples, and related legal considerations.

Legal Status of Same-Sex Marriage

The legal status of same-sex marriage in Nepal is complex. While the country’s Supreme Court ruled in 2007 that the government should create laws to protect LGBTQ+ rights, including the right to marry, specific legislation has not yet been enacted. The 2015 Constitution of Nepal prohibits discrimination based on sexual orientation, but it does not explicitly legalize same-sex marriage.

Currently, same-sex marriage exists in a legal gray area in Nepal. It is not officially recognized, but it is also not expressly prohibited. The government has been working on drafting laws to formally legalize same-sex marriage, but as of now, these have not been implemented.

Can same-sex couples register marriages in Nepal?

At present, same-sex couples cannot officially register their marriages in Nepal. The current marriage registration process is designed for heterosexual couples, and there is no specific provision for same-sex unions. However, some same-sex couples have held symbolic ceremonies or obtained court orders recognizing their relationships, even though these do not have the full legal status of marriage.

Rights of Same-Sex Couples

What rights do same-sex couples have in Nepal?

While same-sex marriage is not officially recognized, Nepal has made significant strides in recognizing LGBTQ+ rights:

1. Constitutional protection: The 2015 Constitution prohibits discrimination based on sexual orientation and gender identity.
2. Legal recognition: Nepal recognizes a third gender category, allowing individuals to identify as male, female, or other on official documents.
3. Anti-discrimination measures: Laws exist to protect LGBTQ+ individuals from discrimination in various sectors, including employment and education.
4. Limited partnership rights: Some same-sex couples have obtained court orders granting them certain rights, though these are decided on a case-by-case basis.

Despite these protections, same-sex couples still face legal challenges in areas such as joint property ownership, inheritance, and medical decision-making rights.

Are foreign same-sex marriages recognized in Nepal?

Nepal does not have a clear policy on recognizing foreign same-sex marriages. While the country has shown openness to LGBTQ+ rights, there is no specific legislation addressing the recognition of same-sex marriages performed abroad. Foreign same-sex couples may face uncertainty regarding their legal status while in Nepal, and it’s advisable to consult with legal experts or relevant authorities for the most current information.

Adoption and Family Planning

Can same-sex couples adopt in Nepal?

Adoption by same-sex couples is not explicitly allowed or prohibited in Nepal. The country’s adoption laws do not specifically address same-sex couples. In practice, adoption is generally more accessible to heterosexual married couples. Single individuals can adopt, which may provide an option for LGBTQ+ individuals, but joint adoption by same-sex couples remains challenging.

Can same-sex couples access IVF in Nepal?

Access to in vitro fertilization (IVF) and other assisted reproductive technologies for same-sex couples in Nepal is limited. While there are no specific laws prohibiting same-sex couples from accessing these services, the lack of legal recognition for same-sex partnerships can create practical barriers. Additionally, cultural and social factors may influence healthcare providers’ willingness to offer these services to same-sex couples.

What documents do same-sex couples need for marriage?

As same-sex marriage is not officially recognized, there are no standardized document requirements for same-sex couples seeking to marry. However, for those seeking legal recognition of their partnership through court orders, the following documents may be required:

1. Identification documents: Citizenship certificates or passports for both partners.
2. Residency proof: Documents showing current address and residency status.
3. Medical certificates: Health reports may be required in some cases.
4. Witness statements: Declarations from individuals attesting to the couple’s relationship.

It’s important to note that these requirements can vary and may change as Nepal’s legal landscape evolves.

Are there restrictions on same-sex marriage in Nepal?

While there are no explicit legal restrictions on same-sex marriage, the lack of formal recognition creates de facto restrictions. Same-sex couples cannot access the same legal protections and benefits as heterosexual married couples. This includes limitations on:

• Joint property ownership
• Inheritance rights
• Adoption and parental rights
• Medical decision-making for partners
• Tax benefits associated with marriage