Benin does not have a law on the books criminalizing homosexuality.

Article 123 of the Persons and Family Code (2002) states: “Marriage may only be contracted between a man of at least eighteen years of age and a woman of at least eighteen years of age.”

In Benin, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

There are no procedures provided for legal gender recognition in Benin.

No known law in Benin criminalizes gender affirming care, but availability may be very limited. Trans people have been known to be refused hormonal treatment.

There is no legal recognition.

There are some protections based on sexual orientation and sexual life. No explicit protections based on gender identity.

Article 394 (Sensitive Data) of Law No. 2017-20 on the Digital Code in the Republic of Benin states: "The processing of personal data revealing racial or ethnic origin, political opinions, religion or beliefs, trade union membership, as well as the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning the sex life or sexual orientation of a natural person are prohibited."

Article 552 (Incitement to hatred and violence) of Law No. 2017-20 on the Digital Code in the Republic of Benin states: "Anyone who provokes discrimination, hatred, or violence against a person or group of persons based on opposition to race, color, racial or ethnic origin, religion, sexual orientation, or any other form of discrimination, by means of or on an electronic communications network or computer system, shall be punished by one (1) year of imprisonment and a fine of five million (5,000,000) CFA francs, or by one of these two penalties only.

Article 6 of the Personal data Protection Law (2009) states:
"It is prohibited, without the express consent of the person concerned, to collect or process personal data which reveal, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions, trade union membership of persons or data relating to the health and sexual life of such persons."

Law No. 98-004 of January 27, 1998 on the Labor Code in the Republic of Benin does not protect LGBT from discrimination.

Law No. 2022-30 establishing the legal regime of the lease for residential use and Law No. 2018-12 establishing the legal regime of the lease for domestic residential use do not explicitly protect LGBT people from discrimination.

Article 96 of the Children's Code of Benin (Law 2015-08) establishes that full national adoption may be requested:
a- jointly after five years of marriage between two spouses who are not legally separated, at least one of whom is 35 years of age;
b- by a spouse with respect to their spouse's children;
c- by any single person over 35 years of age.

Article 3 defines a couple as two persons of opposite sexes united by the bonds of marriage.

Additionally, Article 104(d) on the "Criteria for Admission of an International Adopter" establishes that a foreign couple wishing to adopt a child with Beninese nationality must not be homosexual.

There is no ban on surgeries performed on intersex infants in Benin.

Article 186 of the Children's Code of Benin states: "Surgical operations on the genital organs performed under medical prescription are excluded from the forms of sexual mutilation."

Law No. 2005-43 of June 26, 2006 Relating to the general status of Military Personnel of the Beninese Armed Forces does not exclude LGBT people from serving but includes moral provisions.

No specific restrictions for LGBT people according to Decree No. 1999-639 on Regulating the donation of whole blood and the distribution of blood and its derivatives in the Republic of Benin and the National Blood Transfusion Agency.

Conversion therapy is not banned.

Article 545 of The Penal Code (2018) establishes greater penalties for anyone who has committed an indecent or unnatural act with a minor of the same sex. However, the age of sexual consent is equal regardless of gender.
Previously, article 331 established the age of consent for same-sex relations at 21.