Guanacaste is governed by federal Costa Rica 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 in some contexts
- Employment Discrimination
- ✖ Sexual orientation only
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- N/A
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Guanacaste is legal.
Current status
Since Jan 1, 1971
Same-sex marriage in Guanacaste is legal.
Current status
Since May 26, 2020
Legal
Same-sex marriage in Costa Rica has been legal since May 26, 2020 as a result of a ruling by the Supreme Court of Justice. Costa Rica was the first country in Central America to recognize and perform same-sex marriages.
Banned
The 1885 Civil Code of Costa Rica, effective in 1888, defined a marriage as being between a man and a woman, effectively banning same-sex marriage.
Moreover, Article 242 of the family law states explicitly that marriage is between a man and a woman who has cohabited for more than 3 years. The recent movement of "accidental passage" of same sex marriage has not taken effect or exercised.
Moreover, Article 242 of the family law states explicitly that marriage is between a man and a woman who has cohabited for more than 3 years. The recent movement of "accidental passage" of same sex marriage has not taken effect or exercised.
Censorship of LGBT issues in Guanacaste is no censorship.
Current status
No censorship
In Costa Rica, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Gender-affirming care in Guanacaste is legal.
Current status
Legal
Since 2017, the Costa Rican government has been financing gender-affirming medications and procedures for its citizens. Hormone replacement therapy is provided to transgender adults for free.
LGBT discrimination in Guanacaste is illegal in some contexts.
Current status
Since May 17, 2015
Illegal in some contexts
In addition to the existing HIV/AIDS law, public workers are now also protected. Within federal agencies, same sex partnerships are also required to be recognized as a family when requesting time off for spousal medical emergencies.
Illegal in some contexts
General law on HIV/AIDS protects LGBT people from discrimination in some contexts.
LGBT employment discrimination in Guanacaste is sexual orientation only.
Current status
Since Jan 25, 2016
Sexual orientation only
Article 2 of the Law on Labour Procedural Reform (Law No. 9,343) (2016) amended Article 404 of the Labour Code to include sexual orientation among prohibited grounds for discrimination in employment. However, gender identity remains unprotected.
LGBT housing discrimination in Guanacaste is no protections.
Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Costa Rica.
Same-sex adoption in Guanacaste is legal.
Current status
Since May 26, 2020
Legal
Adoption was legalized for gay couples when gay marriage became legal. Single individuals (whether gay or straight) have been allowed to adopt equally before then.
Intersex infant surgery in Guanacaste is not banned.
Current status
Not banned
There is no ban on intersex infant surgery in Costa Rica, but it is also not reported.
Blood donations by MSMs in Guanacaste is legal.
Current status
Since Aug 1, 2007
Legal
After many years of activism, Costa Rica lifted the ban on gay and bisexual men donating blood. The ban had originally been put in place due to fear of HIV-AIDS.
Banned (indefinite deferral)
Costa Rica banned gays from donating blood with Executive Decree 19933-S. The Degree was published in the Sept. 13, 1990 edition of the official government newspaper, La Gaceta. The order specifically identified gay men, sex workers, intravenous drug users and others as “high risk” for blood donation, citing concerns about HIV-AIDS.
Conversion therapy in Guanacaste is not banned.
Current status
Not banned
Conversion therapy is legal in Costa Rica but it is reportedly frowned upon.
Equal age of consent in Guanacaste is equal.
Current status
Since Jan 1, 1971
Equal
Age of Consent in Costa Rica it's 15 years, and it's equal regardless of sexual orientation or gender.
Legal Rights
83 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Guanacaste to help improve its accuracy.
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Guanacaste LGBT Organizations
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