Since 2026, same-sex relations are punishable by a jail term of between five to ten years and a fine.

In 2025, Niger adopted the Charter of Refoundation. Article 24 defines marriage as "the union between a man and a woman."

Since 2026, Niger, while it criminalizes sodomy, it also criminalizes marriage, and anyone involved such as the spouses getting married, officiators, witnesses, and organizers.

There is no legal framework in Niger to change one's gender marker.

In 1988, Niger legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.

As there is no legal framework to change one's gender marker in Niger, non-binary identities are defacto not recognized.

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

Some protections based on sexual orientation.

Article 4 of Law 2015-36 on Illegal Trafficking of Migrants bans discrimination based on sexual orientation.

Law 2022-59 on the Protection of Personal Data establishes that a person's sexual life is sensitive data. Article 95 on "Unlawful Processing of Sensitive Data" penalizes collecting and processing data revealing "sexual life or sexual orientation" of the person concerned.

In Niger, neither sexual orientation nor gender identity is a protected class from employment discrimination.

In Niger, neither sexual orientation nor gender identity is a protected class from housing discrimination.

Nigerien law allows only legally married couples to adopt a child - as same-sex marriage is prohibited, this also disallows same-sex adoption.

There is no ban on surgeries performed on intersex infants in Niger.

Since Niger’s new Penal Code, criminalizes same-sex sexual relations, attempted same-sex relations, broader LGBTQIA+ practices, and public same-sex romantic displays with 5 to less than 10 years’ imprisonment, open LGB military service is best classified as de facto barred or legally unsafe, even though no separate military-specific LGB ban has been identified. Transgender people are also best classified as de facto barred from open service, because the same code criminalizes artificial change or attempted change of one’s birth sex, Niger has no clear legal gender-recognition or gender-marker change procedure, and no confirmed policy allows service in an affirmed gender. The classification is reinforced by the Code’s 10–20 year penalties for same-sex marriage and for managing, financing, or participating in LGBTQIA+ associations or organizations.

The National Blood Transfusion Center establishes that among the requirements for donating blood are "answering a health questionnaire" and "not belonging to a risk population category" which could make donation difficult for LGBT people.

There are no official sources from the Ministry of Health regarding the requirements for donating blood. The hostile situation regarding access to health care for LGBT people makes it unlikely that they can donate blood without facing legal and social discrimination.

According to the ILGA World, there's no ban on conversion therapy in Niger.

Homosexuality is illegal in Niger.