Private, non-commercial sexual relations between same-sex consenting adults 16 and over have been legal in Cuba since 1979. Prior to 1979, a provision in the Social Defense code labeled "homosexual practices" as a "social threat". This prior code did not technically criminalize homosexuality but left LGBT folks in a state of limbo as they were de-facto prosecuted and some even sent to labor camps in post-revolutionary Cuba.

On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption. On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote. They also confirmed the result is valid and binding. The law will come into effect upon formal confirmation, expected 30 September.

In Cuba, there are no laws restricting the discussion or promotion of LGBTQ+ topics since the removal of references to homosexuality in 1997 in Article 303 which considered "homosexual solicitations" as a public scandal leading to arrest. Law No.54 guarantees the constitutional right to freedom of association. It is worth nothing that in 2019, a pride parade was held in open defiance of the government's views referring to it as "subversive". 3 activists were arrested. HRW has noted concerns on freedom of expression in Cuba which could potentially affect LGBT rights activists.

The gender marker on identity documents can only be changed if the applicant has undergone gender affirmation surgery, specifically genital surgery. The petitioner must submit their request for a change of gender marker before the Civil Section of the Local Court. Next, the request is submitted to the National Commission for Comprehensive Attention to Trans People, together with the medical certification that the petitioner has undergone surgery. The following evidence must be accredited before the court: (1) the summary of the clinical records, (2) the descriptive medical criteria of the surgery with emphasis on its irreversibility, (3) a document confirming the intervention signed by the CENESEX, and (4) photographic records from before and after the intervention.

Gender affirming surgery and hormonal treatment are provided and covered by the national health system since 2008 (Resolution No. 126).

Since 2022, transgender people can change their name through self-determination. Instruction #1 of 2022 of the Ministry of Justice repealed Instruction #1 of 2012 that made the name change for trans people subject to a change of sex, following genital adjustment surgery.

Gender-affirming care is legal and provided for since 2008 by the government per Ministry of Public Health Resolution No. 126.

Non-binary options missing.

Constitutional protections based on sexual orientation and gender identity have been instituted.

Article 42 of the Constitution of the Republic of Cuba (2019) prohibits discrimination based on sex, gender, sexual orientation, and gender identity.

Article 388.1 of the Penal Code (2022) prohibits all discrimination based on sexual orientation and gender identity.

Decree 96/2023 on the Protocol for Action in Situations of Discrimination, Violence, and Harassment in the Workplace explicitly protects sexual orientation and gender identity.

Article 42 of the Constitution of the Republic of Cuba (2019) prohibits discrimination based on sex, gender, sexual orientation, and gender identity.

Article 388.1 of the Penal Code (2022) prohibits all discrimination based on sexual orientation and gender identity.

On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption. Article 30 and 31 allow for same-sex adoption and explicitly grant the right to couples using forms of assisted reproductive technology. On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote. They also confirmed the result is valid and binding. The law will come into effect upon formal confirmation, expected 30 September.

Surgery on intersex infants is legal in Cuba but not reported.

Since 2016, serving openly in the military has been legalized.

Donating blood a is legal with no deferral after sex.

Conversion therapy is legal in Cuba. Its extent is not known, likely due to government repression.

The Age of Consent is currently legal in Cuba.