Homosexuality has never been criminalised in Vanuatu.

In 2024, the Vanuatu parliament passed an amendment to the Marriage Act, defining a marriage as being between a man and a woman, banning same-sex marriage.

In Vanuatu, there are no laws restricting the discussion or promotion of LGBTQ+ topics. However, in 2024, the government has announced plans to criminalising advocacy for the rights of LGBTIQ+ people.

There is no legal gender recognition provided in Vanuatu.

Gender-affirming care in Vanuatu is legal but restricted by the lack of training and resources in practice.

Vanuatu does not currently recognize intersex as a biological sex on legal documents. Intersex individuals in Vanuatu may face challenges in accessing basic human rights and healthcare, not to mention discrimination and social stigma.

The Prosecutors’ Code and the Prosecution Guidelines consider:
"Prosecutors must also have regard to whether the offence was motivated by any form of discrimination against the victim’s ethnic or national origin, gender, disability, age, religion or belief, sexual orientation or gender identity; or the suspect demonstrated hostility towards the victim based on any of those characteristics. The presence of any such motivation or hostility will mean that it is more likely that prosecution is required. In deciding whether a prosecution is required in the public interest, prosecutors should take into account the views expressed by the victim about the impact that the offence has had. In appropriate cases, this may also include the views of the victim’s family." (Section 3.10.c)

Legal protections from discrimination based on sexual orientation, sexual preference and sexual life, under:

-The Teaching Service Act (2013; effective 2014)
-The Right to Information Act (2016)
-The Harmful Digital Communications Act (2024)
- Data Protection and Privacy Act (2024)

The Employment Act does not provide explicit protections for LGBT people.

There are no legal protections based on sexual orientation or gender identity in housing.

Joint adoptions are only possible in Vanuatu by married couples and same-sex marriage is not recognised leaving LGBTIQ+ couple's unable to jointly adopt. However, LGBTIQ+ singles can adopt.

Surgery on intersex infants is legal in Vanuatu.

Vanuatu has no standing army.

There are no known restrictions or bans on blood donations from men who have sex with men in Vanuatu.

There is no ban on conversion therapy in Vanuatu.

In 2007, Vanuatu's Penal Code Amendment of 2006 came into effect, which set the age of consent for both heterosexual and homosexual relations at 16, equalising the age of consent.