LGBTQ rights in Rio Grande do Sul
From Wikipedia, the free encyclopedia
Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the Brazilian state of Rio Grande do Sul enjoy many of the same legal protections available to non-LGBTQ people. Homosexuality is legal in the state.
LGBTQ rights in Rio Grande do Sul | |
|---|---|
| Legal status | Legal since 1830,[1] age of consent equalised |
| Gender identity | Gender change allowed,[2] official standard for altering legal sex doesn't require surgery since 2018 |
| Military | Allowed to serve openly[3] |
| Discrimination protections | Yes, since 2019 |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2013[4][5] |
| Adoption | Legal since 2010[6] |
Recognition of same-sex unions
On May 29, 2012, four of six notaries of the state capitol of Porto Alegre agreed to convert civil unions into marriages.[7]
Adoption and parenting
November 11, 2005 − the first LGBTQ adoption in Brazil, by a lesbian couple from the city of Bagé. The judge of the Childhood and Youth of Bagé, Marcos Danilo Edon Franco, permitted the adoption of two brothers by a lesbian couple. The women had been living in a stable union for seven years. One of them had been responsible for the guardianship of the boys since their birth.[8]
April 6, 2006 − a second adoption by a lesbian couple, and one "provisional guardianship". Same-sex couples in committed relationships were allowed to register at any notary public office. Although it did not affect federal rights, it gave same-sex couples more equality in many areas. Same-sex couples who register have the right to jointly own property, establish custody of children, and claim the right to pensions and property when one partner dies.[9]
June 10, 2009 − a lesbian couple was the first to win in court the right of adoption in the Brazilian State of Goiás. Since April 2008, a federal employee, 49, and a librarian, 34, had custody of a girl aged two years and ten months. The unprecedented decision was made by Judge Maurício Porfírio of the Juvenile Court of Childhood and Youth in Goiânia. To compensate for the lack of specific law on the issue, the magistrate relied on the precedent of the Court of Rio Grande do Sul.[citation needed]
April 27, 2010 − the Superior Court of Justice of Brazil, located in the capital of the country, Brasília, decided to approve LGBTQ adoption in Brazil. In the case, a lesbian couple from the city of Bagé the physiotherapist Lídia Brignol Guterres and the psychologist Luciana Reis Maidana, had their right to share the adoption of two sons recognized. They told the state that the decision could become a landmark, and could inspire others to follow suit. The physiotherapist and psychologist had been together for thirteen years and adopted two boys in 2002 and 2003. In official records, the children appeared only as children of Luciana. The couple decided to change the documentation to provide pension rights which apply to minors in cases of separation and inheritance.[10]
June 3, 2011 - the Justice of the city of Pelotas authorized the adoption of a four-year-old child by a gay couple. The biological mother, gave evidence demonstrating a desire to give her child up for adoption by the gay couple.[11]
Discrimination protections
On December 19, 2002, the Legislative Assembly of Rio Grande do Sul enacted State Law No. 14,896, which prohibits discrimination based on sexual orientation.[12]
Since 2019, discrimination based on gender identity has been prohibited nationwide in Brazil, through a decision by the Supreme Federal Court.[13]
Gender identity and expression
The Supreme Federal Court of Brazil ruled on 1 March 2018, that a transgender person has the right to change their official name and sex without the need of surgery or professional evaluation, just by self-declaration of their psychosocial identity.[14]
On April 22, 2022, Rio Grande do Sul Justice assured non-binary people to change their first name and sex in their birth record, according to their self-perceived identity, regardless of judicial authorization, allowing include the expression "non-binary" in the sex field upon a request made by the interested party to a notary's office.[15][16] However, in December 2023, the Court of Justice of Rio Grande do Sul revoked the provision that recognized non-binary rectification in the state.[17]
On September 28, 2025, a court in Porto Alegre ordered a bar to pay 10,000 reais in compensation after denying a trans man access to the men's restroom.[18] On May 28, 2026, the decision was overturned by an appellate court.[19]
Education
On May 4, 2022, the Porto Alegre City Council approved, by a vote of 20-11, a bill to prohibit the use of gender-neutral language in the city's schools.[20][21][22][23] The bill was signed into law by the city's mayor, Sebastião Melo (MDB), on June 15, 2022,[24][25] and published in the Official Gazette on the 17th.[26]
On April 24, 2025, the Supreme Federal Court struck down the city law, along with similar laws from São Gonçalo and Muriaé.[27][28][29]
Summary table
| Same-sex sexual activity legal | |
| Equal age of consent | |
| Anti-discrimination laws in employment only | |
| Anti-discrimination laws in the provision of goods and services | |
| Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) | |
| Same-sex marriages | |
| Recognition of same-sex couples | |
| Stepchild adoption by same-sex couples | |
| Joint adoption by same-sex couples | |
| LGBTQ people allowed to serve openly in the military | |
| Right to change legal gender | |
| Third gender option | |
| Conversion therapy by medical professionals banned | |
| Access to IVF for lesbians | |
| Commercial surrogacy for gay male couples | |
| MSMs allowed to donate blood |