LGBT Rights in Spain

Homosexuality
⚢
✔ Legal
Marriage
⚭
✔ Legal
Changing Gender
✔ Legal, surgery not required
Adoption
✔ Legal
Discrimination
✔ Illegal
Housing Discrimination
✔ Sexual orientation and gender identity
Employment Discrimination
Sexual orientation only
Military
✔ Legal
Age of Consent
✔ Equal
Donating Blood
✔ Legal
Conversion Therapy
Varies by Region

Public Opinion

"Should Society Accept Homosexuality?"

Spain ranks #1 out of 39 countries surveyed. (Source: Pew Research Center, June 4, 2013)

(11%) No

Yes (88%)

History

Homosexual activity in Spain

Current status
(since 1979)

Legal

Spain was the third country to formally legalize same-sex marriage.

Details · Accurate? Yes No

Same-sex marriage in Spain

Current status
(since Jul 3, 2005)

Legal

Details · Accurate? Yes No

Right to change legal gender in Spain

Current status
(since Nov 8, 2006)

Legal, surgery not required

Changing your legal gender does not require surgery, however, it does require proof of some form of medical treatment for a period of two years.

Details · Accurate? Yes No

Nov 8, 2006–Feb 26, 2018

Legal, surgery not required

Allowed to change all documents.

Details · Accurate? Yes No

Same-sex adoption in Spain

Current status
(since Jul 3, 2005)

Legal

Included in equal marriage legislation

Details · Accurate? Yes No

LGBT discrimination in Spain

Current status
(since Nov 23, 1995)

Illegal

Art. 22.4 criminal code. In the current penal code is considered an aggravating.

Details · Accurate? Yes No

LGBT housing discrimination in Spain

Current status
(since Nov 23, 1995)

Sexual orientation and gender identity

Details · Accurate? Yes No

LGBT employment discrimination in Spain

Current status
(since Nov 23, 1995)

Sexual orientation only

Ley Orgánica núm. 10/1995, de 23 de noviembre, del Código Penal.

Details · Accurate? Yes No

Nov 23, 1995–Feb 26, 2018

Sexual orientation and gender identity

Only place that is missing discrimination protection is Belarus.

Details · Accurate? Yes No

Homosexuals serving openly in military in Spain

Current status
(since Nov 4, 1977)

Legal

As of 2009, the courts also ruled that transgender individuals are also permitted to serve in the military.

Details · Accurate? Yes No

Equal age of consent in Spain

Current status
(since Nov 23, 1995)

Equal

Actually the criminal code in Spain is under review in order to increase the age of consent.

Details · Accurate? Yes No

Blood donations by MSMs in Spain

Current status
(since Jun 11, 1976)

Legal

* \"From\" date taken from earliest recorded specific legislation on the matter. MSM is not contemplated as a criterion for exclusion.

Information regarding blood donation by MSM during the Franco dictatorship is unknown, but was probably outlawed along with the practice of homosexuality. No specific legal texts from that historical time period address the issue.

Details · Accurate? Yes No