In 2011, Malawi amended its articles that criminalize homosexuality between men to also include sex between women. The punishment is a maximum of fourteen years in prison with corporal punishment.

In June of 2024, Malawi's Constitutional Court upheld the laws that criminalize homosexuality after a challenge was made.

In April of 2015, Malawi’s Marriage, Divorce and Family Relations Law came into effect. The law, among other things, prevents gay marriages from receiving any recognition. It also defines marriage and co-habiting relationships as between a man and a woman.

The law also criminalises heterosexual relationships between transgender and cisgender people of the opposite gender by determining gender as the sex assigned at birth.

The 2015 Marriage, Divorce and Family Relations Act, best known for criminalising same-sex marriage, also makes it impossible for trans people to marry under their gender identity by criminalising marriage "under a false name or description with the intention to deceive the other party to the marriage". While also used to prevent legitimately deceitful marriages, the definition in the act of a person's sex as being that assigned at birth effectively criminalises the ability of trans people to get married under their true identity with imprisonment.

Trans Malawians have been denied recognition since the Marriage, Divorce and Family Relations Act in 2015, which determines sex as being the gender assigned at birth. They also face criminalisation under laws against cross-dressing.

Gender affirming care is not provided in Malawi although it is not banned either. Trans Malawians often self-medicate as a result.

There is no legal recognition of non-binary identities.

The Constitution of Malawi purports to protect all citizens from all forms of discrimination, however it does not refer to gender identity or sexual orientation as protect categories, and the LGBT community in Malawai continues to face discrimination.

However, since 2019, there is limited protection based on gender identity and sexual preference.

The Communications (Broadcasting) Regulations 2019, defines "hate messages" as a speech intended to degrade, intimidate or incite violence or prejudicial action against a person or group of people base on their gender identity, among other categories. Section 11(1-e) states that "a broadcasting licence shall not broadcast programmes which contain, promote or perpetuate hate messages or any prejudices against any person or groups of people."

Section 30(2-d) states a licensee, or its employee, shall not broadcast live any matter which "is likely to incite or perpetuate hatred or vilify any person or section of the society on account of race, ethnicity, nationality, gender, sexual preference, age, disability, religion, culture or any other status of that person or section of the society."

The Employment Act does not mention sexual orientation or gender as a protected category.

LGBT Malawians are not protected from housing discrimination.

The Adoption of Children Act (1949) allows joint adoption only to married couples. Single people may adopt.

There is no ban on intersex infant surgery in Malawi. However, there were also no reports of it taking place.

There is no explicit ban or restriction on LGBTIQ+ people serving in the military of Malawi. However, homosexuality is illegal, and Article 74 of the Defence Force Act punishes "indecent or unnatural" conduct with two years' imprisonment which could be used to persecute LGBTIQ+ soldiers.

The Malawi Blood Transfusion Service (MBTS) does not directly address MSMs in their donor criteria, leaving no explicit ban in place.

Nevertheless, it has been reported that some healthcare providers report LGBT people under the section of the Penal Code that criminalizes homosexuality.

Conversion therapy is not banned in Malawi but there is limited information on its scope.

Homosexuality is illegal in Malawi. In 2011, lesbianism was criminalised.