Homosexuality was decriminalised in Peru in 1924 as the new penal code did not mention same-sex relations.

The penal code adopted in 1991 did not mention if homosexuality was illegal. However there are several reports of local laws against loitering and indecent exposure being used disproportionately against LGBT people, especially trans women.

Article 234 of the Civil Code establishes that marriage is the union between a man and a woman. The Civil Code establishes that "homosexuality" is grounds for divorce, separation and annulment of marriage.

The Constitution (1993) establishes that cohabitation is the stable union of a man and a woman (Article 5).

On four occasions since 2016, the National Registry of Identification and Civil Status (RENIEC) was ordered through judicial means to recognize and register same-sex marriages celebrated abroad, however, the RENIEC appealed all the rulings.

In 2020, the Constitutional Court declared inadmissible the appeal for constitutional grievance filed by Óscar Ugarteche, so that the RENIEC would comply with registering his marriage certificate with his same-sex partner, which was celebrated in Mexico.

In 2022, the Constitutional Court declared the constitutional grievance inadmissible on the grounds that the registration of same-sex marriages “collides with the notion of marriage contained not only in the Civil Code, but also in the Political Constitution of Peru.” Susel Paredes and Gracia Aljovín filed the lawsuit.

In July 2023, the Fourth Constitutional Court of the Superior Court of Justice of Lima ordered RENIEC to register the marriage of a same-sex couple celebrated in Argentina. The Court decided not to apply Article 234 of the Civil Code in the specific case because it is contrary to the principle of equality and non-discrimination contained in the constitution and international agreements. The decision only applies to the plaintiff couple and does not affect the content or validity of Article 234.

In 2024, Peru approved a ban on the usage of gender-neutral language in schools, including of nonbinary terms. (Law 32,003)

Law 32,331 (2025) that Strengthens the Right to Sexual indemnity of Children and Adolescents establishes in its Article 5.1 the prohibition of entering and using of bathrooms of public use to every person whose biological sex does not coincide with the sex for which the aforementioned service has been allocated.

In 2016, the Constitutional Court issued a ruling (No. 6040-2015-PA/TC) establishing that name and gender change claims be resolved by civil courts in summary proceedings, without treating trans identity as a pathology or illness. However, the court did not define requirements or procedures. It is reported that the process is very difficult and costly both in time needed and the burden of paying for several lawyers to navigate complicated judicial procedures.

Even when the judicial outcome may be favorable to the plaintiffs, it has been reported that the National Registry of Identification and Civil Status (RENIEC) almost systematically files appeals to prevent gender marker changes. In 2023, the entity responded that the Civil Code allows it to file appeals to reevaluate the grounds for a decision. “One of the grounds for appeal is when it is considered that the name and/or sex change ordered by the trial judge is not based on justified reasons, as required by Article 29 of the Civil Code, or when the right to reasoned judicial decisions has been violated,” they added.

In 2020, a transgender woman obtained a favorable ruling to change the sex assigned on her ID. The entity had five days to appeal, but, in the midst of Christmas celebrations, it did not do so. With this, Dania became the first trans woman to successfully change her assigned sex without undergoing genital reassignment surgery, although she was asked for psychological certificates to prove that she was trans.

Gender affirming care in Peru is believed to be legal with no oppressive restrictions but as it has no comprehensive gender identity law like many countries it is not clearly regulated.

Non-binary options missing.

In 2017, Puno began providing protections from discrimination on the basis of sexual orientation and gender identity under federal Peruvian law.

Only straight couples can adopt and even sometimes LGBTQ+ couples can't adopt.

Surgery on intersex infants is legal in Peru but not widely practiced.

The Constitutional Court ruled that one’s sexual orientation is not good grounds to terminate service in the police or the military in 2009. There are also no known legal restrictions on transgender people enlisting in the military.

Certain gay and lesbian people who have attempted to donate blood in Peru have been rejected because of their sexual orientation. However, there are no laws against gay and lesbian people donating blood so long as they are in good health, but many blood drives have still rejected applications.

In December 2012, the constitutional court handed down a decision ruling unequal ages of consent were unconstitutional.