The French Penal Code of 1791, adopted between 25 September and 6 October 1791, extended to Saint-Domingue. When Haiti became independent from France in 1804, no law that criminalized consensual same-sex sexual acts was introduced, and no such law has come into the penal code since.

Same sex marriage is not legal in Haiti, and upon announcement of plans to lobby for the right in 2013, advocates were met with a stream of religious backlash. In 2017, the Haitian Senate approved a bill that would've banned same-sex marriage with fines and up to 3 years in prison, but it never became law.

A 2022 presidential decree declared pastors would be fined if they did not perform it but it did not have any legal force as it was not approved by the legislature and was not enforced.

In Haiti, there are no laws restricting the discussion or promotion of LGBTQ+ topics. Despite this, authorities have cracked down on some LGBT activities in the past. In 2016, a Haitian LGBT festival was cancelled by the comissioner in face of threats. In 2017, a bill was submitted in the Senate that would've banned public demonstrations in support of homosexuality. It is believed to still be pending

Changing gender or name markers on Haitian government documents was reportedly possible only after first obtaining a modified birth certificate. This process could involve hiring a lawyer, was described as slow and expensive, and required the applicant to appear in person. Advocates for lesbian, gay, bisexual, transgender, queer or questioning, and intersex people reported that some civil servants refused to issue modified birth certificates or passports to transgender people, and there was little oversight to make sure officials followed the process. After receiving a modified birth certificate, applicants could update other identity documents. Some transgender people reported successfully changing their gender and names on official documents, while others said they faced resistance from government employees. Haitian identification documents did not offer nonbinary, intersex, or gender-nonconforming marker options. For intersex individuals, sex markers were assigned based on medical recommendations, often using genetic testing.

Gender-affirming care is currently impossible in Haiti due to a lack of resources. Medical authorities often tell trans Haitians to "pray for a cure".

Non-binary options missing.

Haiti does not provide hate crime protections based on sexual orientation or gender identity.

Since 2014, there were some provisions in human resources and labour inspection that protect people from discrimination on the basis of sexual orientation in Haiti.

There are legal provisions issued by the government that explicitly mention sexual orientation as a protected category against discrimination in employment:

-Human Resources Management Policies, Standards, and Procedures Manual (2014) issued by the Office of Management and Human Resources (OMRH).
-Labor Inspection Manual (2017).
-Workplace Code of Conduct (2018).
-Code of Ethics of the Ministry of Economy and Finance (2022) .

There are currently no discrimination protections for LGBT folks under Haiti's current constitution or penal code in the realm of housing. A penal code granting these protections and the legalization of abortion was decreed in 2020 by the President of Haiti in 2020 and was initially delayed for 24 months, but was further delayed after outrage from politicians and citizens. Legalization may finally occur in June 2024 if allowed to take effect

Same-sex adoption is banned under the Adoption Reform Act of 2013, which states that it can only be requested by heterosexual couples and singles.

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

Haiti’s military does not prohibit lesbian, gay, bisexual, or transgender people from serving openly

There are no known policies barring homosexuals from donating blood, but blood donations themselves seem tedious to provide, the nation has found itself in constant shortage in recent decades.

Conversion therapy is legal and widespread in Haiti.

The age of consent is equalized at the age of 18 in Haiti.