Same-sex marriage in Nepal

The Supreme Court of Nepal has ruled in favor of same-sex marriage since 2008. 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 them". However, the Supreme Court has yet to deliver a final verdict. A full hearing by the court is expected on 14 March 2024.

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
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Despite the recent Supreme Court directive, a district court in Kathmandu denied a same-sex couple's application to marry on 13 July. The couple appealed to the Patan High Court, but it rejected the appeal on 6 October 2023. In the last week of November 2023, they were informed via phone call from the Ministry of Home Affairs that local administration offices may register the marriage. The couple successfully registered their marriage on 29 November, followed by several more couples over the following months. Nepal would be the first country in South Asia, and the second in Asia after Taiwan to recognise same-sex marriages. However, no supporting legislation has been passed. On 31 January 2024, Sarita KC, executive director of Mitini Nepal, stated that same-sex couples still "lack the right to marry".

In March 2023, the Supreme Court ordered the government to recognize a same-sex marriage performed in Germany and directed the Federal Parliament to legalize same-sex marriage in Nepal. However, the Parliament did not pass a national same-sex marriage law.

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. 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, and while it includes "gender and sexual minorities" as a protected category, it does not address same-sex marriages. 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".

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