Same-sex marriage in Nepal

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Same-sex marriage has been provisionally recognised nationwide in Nepal since 24 April 2024. On 28 June 2023, Supreme Court Justice Til Prasad Shrestha directed the government to establish a "separate register" for "sexual minorities and non-traditional couples" and to "temporarily register their marriages".[1][2] Despite the directive, a district court in Kathmandu denied a same-sex couple's application to marry on 13 July 2023.[3][4] In the last week of November 2023, the couple was informed by the Ministry of Home Affairs that their marriage would be registered.[5] They successfully registered their marriage on 29 November 2023 in Dordi, followed by several other, mostly transgender, couples over the following months.[6][7][8][9] On 24 April 2024, Home Affairs' National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register.[10][11] However, the temporary registration does not grant same-sex couples the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, receive tax subsidies, make spousal medical decisions or adopt children, among others.[12][13] They are also labeled as "groom and bride" on marriage licenses,[14][15][16] and it is unknown if all local governments are complying with the instructions of the National ID and Civil Registration Department.

No supporting legislation has been passed by the Federal Parliament,[17][18] and the Supreme Court has yet to deliver a final verdict on the case.[19][20][21] A first hearing was expected to begin on 14 March 2024.[22]

In 2011 and 2012, as the country was undergoing a political transition, there was an attempt to add LGBT-inclusive language to the proposed constitution, following a demand by the Supreme Court. However, negotiations among political factions failed in spring 2012 and the drafting of a new constitution was placed on hold until new elections were held. A constitution was approved by the Constituent Assembly on 16 September 2015,[23] and while it includes "gender and sexual minorities" as a protected category, it does not address same-sex marriages.[24] The National Code of Nepal enacted in 2018 explicitly defines marriage as "when a man and a woman accept each other as husband and wife".[25]

  1. ^ "Nepal: Apex court issues interim order to "temporarily register" same-sex marriages". ANI. Kathmandu. 29 June 2023. Archived from the original on 28 June 2023. Retrieved 8 July 2023.
  2. ^ Chudy, Emily (30 June 2023). "Nepal ordered to recognise same-sex marriage by Supreme Court". PinkNews. Archived from the original on 11 July 2023. Retrieved 8 July 2023.
  3. ^ "Kathmandu court rejects marriage registration application of gay couple". Deccan Herald. Kathmandu. 13 July 2023. Archived from the original on 13 July 2023. Retrieved 13 July 2023.
  4. ^ "Nepal gay marriage 'victory' hits legal roadblock". BBC News. 23 August 2023. Archived from the original on 24 August 2023. Retrieved 24 August 2023.
  5. ^ "मायाको पहिचानको अर्को सफलता: समलिङ्गी तेस्रोलिंगीले प्रत्येक वडा विवाह दर्ता गर्न पाउने". April 25, 2024. Archived from the original on May 3, 2024. Retrieved May 3, 2024.
  6. ^ "LGBTQ couple in Nepal becomes the 1st to receive official same-sex marriage status". NBC News. 29 November 2023. Archived from the original on 29 November 2023. Retrieved 29 November 2023.
  7. ^ "First same-sex marriage "temporarily" registered in Nepal". ANI News. 29 November 2023. Archived from the original on 29 November 2023. Retrieved 29 November 2023.
  8. ^ Cite error: The named reference second was invoked but never defined (see the help page).
  9. ^ Cite error: The named reference Deccan was invoked but never defined (see the help page).
  10. ^ "Der lange Weg zur dauerhaften Ehegleichheit in Nepal". apcom.org. Retrieved 2024-07-06.
  11. ^ "In landmark move, Nepal's govt circular allows same-sex marriage". April 27, 2024. Archived from the original on May 3, 2024. Retrieved May 5, 2024.
  12. ^ "How court laid the ground for same-sex marriage in Nepal". kathmandupost.com. 2023-12-03. Retrieved 2024-07-06.
  13. ^ "Nepal: Same-sex couples face hurdles on road to recognition". dw.com. 2024-07-10. Retrieved 2024-07-14.
  14. ^ "Marriage Registration Certificate" (jpg). makalukhabar.com. Retrieved 2024-07-06.
  15. ^ "Marriage Registration Certificate". courtmarriagekathmandu.com. 2023-11-29. Retrieved 2024-07-27.
  16. ^ "Nepal recognises another same-sex marriage". pahichan.com. Retrieved 2024-08-23.
  17. ^ Knight, Kyle (14 December 2023). "Did Nepal Achieve Marriage Equality? Not Quite Yet". Human Rights Watch. Archived from the original on 20 June 2024. Retrieved 7 January 2024.
  18. ^ Dulal, Madhav (20 March 2023). "Supreme Court's historic decision, recognizing same-sex marriage (full text of the order and video)". Pahichan.
  19. ^ Sharma, Gopal. "Nepal registers first same-sex marriage; 'historic', say activists". Reuters. Archived from the original on 2023-11-29. Retrieved 29 November 2023.
  20. ^ NBC NEWS (29 November 2023). "LGBTQ couple in Nepal becomes the 1st to receive official same-sex marriage status". NBC News. Archived from the original on 29 November 2023. Retrieved 29 November 2023.
  21. ^ "LGBTQ+ rights in Asia: Progress and setbacks in 2023". Gay Times. 19 December 2023. Archived from the original on 24 December 2023. Retrieved 24 December 2023.
  22. ^ "In groundbreaking move, Nepal registers first lesbian marriage". Pahichan. 13 February 2024. Archived from the original on 15 February 2024. Retrieved 15 February 2024.
  23. ^ Sharma, Bhadra (2015-09-16). "Assembly in Nepal Approves New Constitution". The New York Times. ISSN 0362-4331. Archived from the original on 2019-06-30. Retrieved 2015-09-17.
  24. ^ "Nepal lawmakers approve first LGBTI protections in new constitution - Gay Star News". 2015-09-15. Archived from the original on 2019-12-13. Retrieved 2015-09-17.
  25. ^ Ghimire, Binod (3 December 2023). "How court laid the ground for same-sex marriage in Nepal". Kathmandu Post. Archived from the original on 7 January 2024. Retrieved 7 January 2024.