In 2000 a new criminal code was introduced, repealing article 121 against homosexuality.

Article 2.3 of the Family Code reads: "Marriage is a voluntary union of a man and a woman registered in the relevant executive authority for the purpose family."

In Azerbaijan, there are several reports of state-enforced crackdowns on LGBTQ+ people every year. Police have conducted raids targeting LGBT individuals.. Police has also been reported to use dating apps to lure and entrap LGBT people, engaging in blackmail and extortion. LGBT issues are effectively censored, with no legal recognition or public representation permitted.
Recently, new "morality" laws regulating social media use have been introduced, which was used to impose administrative fines and detention for LGBT expression and visibility online.

Following independence, the legality of gender marker changes in the Republic of Azerbaijan was firmly established and explicitly codified through the Cabinet of Ministers Decision No. 52, issued on March 1, 2001. This binding decision approved the "Basic provisions determining the rules for amending, restoring and canceling civil status act records." Section I, Paragraph 3 of these provisions explicitly mandates that civil status records must be amended when a citizen's first name, surname, and patronymic are modified "due to a change of sex" (cinsin dəyişməsi ilə əlaqədar olaraq). The procedure is purely administrative but strictly medicalized. According to Section I, Paragraph 4, the exclusive legal basis for the Civil Registry offices (Qeydiyyat şöbələri) to execute this amendment is the submission of a formal "opinion of a medical institution confirming the change of sex" (cinsin dəyişməsinin təsdiqi haqqında tibb müəssisəsinin rəyi). To further facilitate this, Section I, Paragraph 5 allows the application for document correction to be submitted not only at the applicant's place of residence but directly at the registry office in the jurisdiction of the medical institution that issued the sex change confirmation. This statutory framework conclusively proves that legal gender recognition is fully legal and operational in Azerbaijan without court intervention, provided the applicant successfully completes the requisite medical transition to obtain the mandatory institutional medical certificate.

Government does provide a fundamental right to gender affirming care but transgender people have been known to be refused treatment. In practice, surgery and hormone replacement therapy are not provided.

A Third gender is not legally recognized in Azerbaijan.

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

The Law on Gender Equality (Article 2.0.5) does define sexual harassment (seksual qısnama) in employment and service relationships as immoral conduct that degrades and insults a person, arising from belonging to another sex or sexual orientation, manifested in physical actions (touching, hitting), indecent words, gestures, threats, defamatory propositions or invitations. While this definition notable for explicitly referencing sexual orientation it exists within the context of defining harassment as a form of gender-based misconduct in employment or service, and does not constitute a broader non-discrimination protection for LGBT+ individuals. Also no enforcement mechanisms or case law applying this provision to LGBT+ workers are known to exist in practice.

Azerbaijan's Labor Code does not include employment protections based on sexual orientation or gender identity. There are no explicit prohibitions on discrimination in hiring, firing, promotion, or workplace conditions on these grounds, nor are such protections enforced in practice. The Law on Gender Equality (Article 2.0.5) does define sexual harassment (seksual qısnama) in employment and service relationships as immoral conduct that degrades and insults a person, arising from belonging to another sex or sexual orientation, manifested in physical actions (touching, hitting), indecent words, gestures, threats, defamatory propositions or invitations. While this definition notable for explicitly referencing sexual orientation — exists within the context of defining harassment as a form of gender-based misconduct, and does not constitute a broader employment non-discrimination protection for LGBT+ individuals. No enforcement mechanisms or case law applying this provision to LGBT+ workers are known to exist in practice.

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

According to a study by the Council of Europe or the Office of the Commissioner for Human Rights, same-sex couples cannot adopt since Article 120 of the Family Code (1999) states that joint adoption is only allowed for married couples. The report suggests that in principle, there aren't any legal restrictions around adopting as an individual — gay or straight — however, all individuals are usually denied the right to adopt.

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

In Azerbaijan, the military does not have a formal law banning LGBT people, but in practice, sexual orientation and gender identity are treated as sensitive issues. LGBT individuals can only serve safely if they keep their identity hidden. Revealing that one is LGBT can lead to medical disqualification, harassment, or other negative consequences. This creates a de facto “don’t ask, don’t tell” system: the military doesn’t officially inquire about sexual orientation, but being openly LGBT can prevent someone from serving.

In Azerbaijan, MSM are allowed to donate blood as long as they’re healthy. There’s no rule that bans them. If someone doesn’t have HIV/AIDS or other blood-borne infections and meets the basic health requirements, they can donate just like anyone else.

Conversion therapy is not banned and the practice is reportedly commonly practiced.

The age of consent in Azerbaijan is 16 for both same-sex couples and opposite-sex couples.