Libertador General Bernardo O'Higgins is governed by federal Chile law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✔ Full ban
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Same-sex marriage in Libertador General Bernardo O'Higgins is legal.
Current status
Since Mar 10, 2022
Legal
The Chilean president has signed into law a bill that was approved by the Congress legalizing same-sex marriage.
Civil unions (marriage rights)
Since 2015, same-sex couples and households headed by same-sex couples have the same legal protections available to opposite-sex married couples, within a civil union - except for adoption rights and the title of marriage.
Until Oct 21, 2015
Unrecognized
No legal recognition of same-sex unions.
Right to change legal gender in Libertador General Bernardo O'Higgins is legal, no restrictions.
Current status
Since Dec 27, 2019
Legal, no restrictions
Since 2019, the Law that Recognises and Protects the Right to Gender Identity (Law No. 21,120) allows transgender people over the age of 14 to legally change their name and gender on all official documents. For persons over 18 years of age, the change is requested by submitting a request to the Civil Registry and Identification Service. Article 4(c) of the law stipulates that it will not be a requirement to have undergone any type of intervention or appearance-modifying treatment.
In 1974, Marcia Alejandra Torres became the first person in Chile to legally change her name and gender on the birth certificate after undergo sex reassignment surgery.
In 1974, Marcia Alejandra Torres became the first person in Chile to legally change her name and gender on the birth certificate after undergo sex reassignment surgery.
Legal, but requires surgery
On May 2 1974, Marcia Alejandra became the first person in Chile to have her gender legally changed after surgery the previous year, the first such recognition in Latin America. Despite no law regulating gender recognition, in practice Chile recognised such after surgery was performed.
Gender-affirming care in Libertador General Bernardo O'Higgins is legal.
Current status
Since 2023
Legal
In 2023, the Gender Identity Support Program "Crece con Orgullo" began operating, which is aimed at children and adolescents from 3 to 17 years old, and includes gender-affirmative care. The state program was born under Decree 3 (2019) created by the Regulation of Article 23 of Law No. 21,120, which recognizes and protects the Right to Gender Identity.
Restricted
In 1973, Chile legalized sterilization, which de facto meant legalizing sex reassignment surgery. In March, the first surgery was performed although no one knew about it until the next year.
Until Mar 1973
Banned
Medical transition is not possible
Legal recognition of non-binary gender in Libertador General Bernardo O'Higgins is recognized.
Current status
Since Apr 25, 2022
Recognized
Non-binary gender "X" is recognized on all official documents, but court order is required.
A ruling of the Third Family Court of Santiago, issued on April 25, 2022, ordered the Civil Registry and Identification Service to register a 17-year-old adolescent with non-binary gender on the birth certificate, being the first judicial resolution of its kind in the country.
On May 25, 2022, the First Civil Court of Santiago issued a ruling recognizing an adult person as non-binary and ordering the Civil Registry to rectify the birth certificate.
On October 14, 2022, the Civil Registry officially issued to Shane Cienfuegos the first non-binary identity card with the marker "X" in the country.
In May 2023, the first Chilean passport with a non-binary gender marker was granted to Valentino Victoria Liberona.
"I" option for intersex children is available on birth certificates.
A ruling of the Third Family Court of Santiago, issued on April 25, 2022, ordered the Civil Registry and Identification Service to register a 17-year-old adolescent with non-binary gender on the birth certificate, being the first judicial resolution of its kind in the country.
On May 25, 2022, the First Civil Court of Santiago issued a ruling recognizing an adult person as non-binary and ordering the Civil Registry to rectify the birth certificate.
On October 14, 2022, the Civil Registry officially issued to Shane Cienfuegos the first non-binary identity card with the marker "X" in the country.
In May 2023, the first Chilean passport with a non-binary gender marker was granted to Valentino Victoria Liberona.
"I" option for intersex children is available on birth certificates.
Until Apr 24, 2022
Intersex only
Birth certificates allow for an "indeterminate" sex to be recorded.
LGBT employment discrimination in Libertador General Bernardo O'Higgins is sexual orientation and gender identity.
Current status
Since Jul 12, 2012
Sexual orientation and gender identity under federal Chile law
LGBT housing discrimination in Libertador General Bernardo O'Higgins is sexual orientation and gender identity.
Current status
Since Jul 12, 2012
Sexual orientation and gender identity
The anti-discrimnation law penalizes the arbitrary discrimination and includes protection for discrimination of sexual orientation and gender identity
Same-sex adoption in Libertador General Bernardo O'Higgins is legal.
Current status
Since Mar 10, 2022
Legal
Since March 10, 2022, joint parenthood of same-sex couples is legal after the entry into force of Law 21,400 on Equal Marriage, which explicitly guarantees non-discrimination based on sexual orientation and gender identity for custody purposes, filiation and adoption whether or not the couples are married or whether or not they had their children through assisted human fertilization In addition, the motherhood of transgender women and the fatherhood of transgender men are recognized on the birth certificates of their children.
Until Jan 1, 2017
Single only
Chilean law stipulates that single gays are allowed to adopt, but gay couples may not.
Intersex infant surgery in Libertador General Bernardo O'Higgins is full ban.
Current status
Since Nov 7, 2023
Full ban
Banned since November 2023 by Circular No. 15 of the Ministry of Health.
Not banned
In 2016, Circular No. 18 was replaced by Circular No. 7. This allowed for surgeries to be performed on intersex youth again.
Serving openly in military in Libertador General Bernardo O'Higgins is legal.
Current status
Since Jul 24, 2012
Blood donations by MSMs in Libertador General Bernardo O'Higgins is legal.
Current status
Since Apr 24, 2013
Legal
The Chilean Health Ministry repeals the blood ban after a year of lobbying by the country's leading LGBT organization, Chilean Homosexual Integration and Liberation Movement (MOVILH).
Conversion therapy in Libertador General Bernardo O'Higgins is banned.
Current status
Since Apr 23, 2021
Banned
Since 2021, Law on the recognition and protection of the rights of people in mental health care (Law 21.331) (2021) prohibits mental health professionals from diagnosing patients based on their sexual identity or orientation. In March 2023, the Ministry of Health issues Circular B2 No. 6 instructing all individual and institutional health providers, both public and private, the prohibition of the implementation of "conversion therapies" for not be valid clinical practices. It also states that diagnoses of mental health status cannot be based on criteria biasedly related to sexual orientation or gender identity and gender expression.
The Senate approved the bill that modifies and strengthens Law No. 20,609, which establishes measures against discrimination, adding as arbitrary discrimination any act, practice and/or medical, psychological, psychiatric treatment or of any other nature that aims to modify the sexual orientation or gender identity and expression of a person or a group of people.
The Senate approved the bill that modifies and strengthens Law No. 20,609, which establishes measures against discrimination, adding as arbitrary discrimination any act, practice and/or medical, psychological, psychiatric treatment or of any other nature that aims to modify the sexual orientation or gender identity and expression of a person or a group of people.
Equal age of consent in Libertador General Bernardo O'Higgins is equal.
Current status
Since Aug 26, 2022
Equal
On August 26th 2022, the age of consent had been equalized to 14 years after the approval of in Chilean Senate and subsequent approval by the House of Deputies which abolished Article 365. Article 365 was known as the last homophobic law in Chile and activists celebrated it's defeat as a sign for full legal equality for LGBT Chileans.
Unequal
Article 365 of the Penal Code establishes 18 as age if consent for gay couples, whereas 14 is the standard age if consent for straight couples.
Legal Rights
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Alternative names: General Bernardo O'Higgins, Libertador, Libertador OʿHiggins