Same-sex marriage in Costa Rica

Same-sex marriage has been legal in Costa Rica since May 26, 2020 as a result of a ruling by the Supreme Court of Justice. Costa Rica was the first country in Central America to recognize and perform same-sex marriages, the third in North America after Canada and the United States, and the 28th to do so worldwide.

Part of the LGBT rights series
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and 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. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. 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. All EU member states except Romania follow the ruling.
  7. Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are 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.
* Not yet in effect
LGBT portal

On August 8, 2018, the Supreme Court of Justice of Costa Rica declared the sections of the Family Code prohibiting same-sex marriage to be unconstitutional, and gave the Legislative Assembly 18 months to reform the law accordingly; otherwise the ban would be abolished automatically. The ruling was published in the judicial bulletin on November 26, 2018, meaning that same-sex marriage would become legal no later than May 26, 2020. This followed a ruling issued in January 2018 by the Inter-American Court of Human Rights stating that signatories of the American Convention on Human Rights are required to allow same-sex marriage.

The issue was a major topic during the 2018 Costa Rican general election. After the court ruling, several unsuccessful attempts by conservative lawmakers to delay the deadline failed due to lack of support.

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