The Criminal Code of the Socialist Republic of Montenegro adopted on June 17, 1977 decriminalized consensual male homosexuality on the territory of Montenegro in the then SFRY.

On July 1, 2020, the Parliament of Montenegro passed a bill to recognise life partnerships for same-sex couples and started recognising them in July 2021. Some articles need to be amended in order to give more rights to life partners.

In Montenegro, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Montenegro passed Law No. 01-382/13 in 2008 which provides for legal gender recognition. However, surgery is required.

Since 2012, Montenegro has provided gender affirming care after it was added to the list of publicly insured medical procedures.

Montenegro does not currently recognize non-binary identities.

Excerpts related to Hate Crimes

Article 42a - Special Circumstances for Sentencing for a Hate Crime

(Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 040/13 of 13.08.2013, Article 3) (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 044/17 of 06.07.2017, Article 6) (Law amending the Criminal Code of Montenegro, Official Gazette of Montenegro no. 110/23 of 12.12.2023, Article 5)

(1) When the criminal offence was committed out of hatred of another person due to national or ethnic affiliation, affiliation with race or religion or due to absence of such affiliation, disability, nationality or due to differences in political or other beliefs, sex, language, the colour of skin, education, social status, social background, sexual orientation, gender identity or disability, the court 16 shall consider such circumstance as an aggravating circumstance unless it is prescribed as an element of a basic criminal offence or an aggravated criminal offence.

(2) When a criminal offence is committed against a person who belongs to a particularly vulnerable category of persons (children, persons with disabilities, pregnant women, elderly persons, refugees) such a circumstance shall be taken as aggravating by the court.

On July 27, 2010, Montenegrin Parliament passed a Law on Prohibition of Discrimination, which prohibits, among other categories, discrimination on the basis of sexual orientation, gender identity and intersex characteristics in all areas.

Article 16 of the Anti-Discrimination Law from 2010 bans Employment discrimination. Discrimination is prohibited on basis of sexual orientation, gender identity and intersex characteristics among others.

The Anti-discrimination law bans discrimination on the basis of sexual orientation, gender identity and intersex characteristics in all areas.

According to article 132 of the 2006 Family Law in Montenegro, adoptive parents can be:
- spouses or common-law partners together
- the spouse or common-law partner of the child's parent
- exceptionally, with the permission of the cabinet minister responsible for social welfare, a person who lives alone if particulary justified reasons exist for doing so.
This practically means that single people (regardless of sexual orientation or gender identity) are not allowed to adopt.

There is no official ban on unnecessary sex reassignment operations in infants in Montenegro.

Article 16 of the Law on the Army of Montenegro adopted on July 26, 2017, prohibits discrimination based on sexual orientation and gender identity (among others) in relation to persons applying for service in the Army.

MSMs are allowed to donate blood following the same criteria as any other donor.

There is no ban of Conversion Therapy in Montenegro.

The age of consent of 14 has been the same for everyone since 1977.