LGBT rights in the Falkland Islands

The situation of lesbian, gay, bisexual, and transgender (LGBT) people in the Falkland Islands is ambiguous, because of the isolation of the islands and a lack of information provided by the islands' media on LGBT people or LGBT rights issue.

Law regarding same-sex sexual activity

Prior to 1989, same-sex sexual activity was a criminal offence. The age of consent was equalised in 2005.^[1]

Recognition of same-sex relationships

The Falkland Islands does not recognise any types of same-sex unions.^[2]

On 13 May 2015, the Attorney General has recommended the Executive Council to consider the legalisation on same-sex marriage or civil partnership.^[3]

On 13 January 2016, following the public consultation, the Council instructed the Attorney General to prepare the amendment to the Marriage Ordinance in order to allow same-sex marriage.^[4]

Adoption and family planning

It is confirmed that same-sex couples are not allowed to adopt in the Falkland Islands.^[5]

However, whether lesbians are allowed access to IVF remains unknown.

Discrimination protections

The article 16 of the constitution bans discrimination based on sexual orientation.^[6]

Summary table

Same-sex sexual activity legal	(Since 1989)
Equal age of consent	(Since 2005)
Anti-discrimination laws in employment	(Since 2008)
Anti-discrimination laws in the provision of goods and services	(Since 2008)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)	(Since 2008)
Same-sex marriage	(Proposed)
Same-sex civil partnership
Adoption by single LGBT person
Step-child adoption by same-sex couples
Joint adoption by same-sex couples
Gays and lesbians allowed to serve openly in the military	UK responsible for defence (Since 2000)
Right to change legal gender
Access to IVF for lesbians
MSMs allowed to donate blood
Commercial surrogacy for gay male couples	(Banned for heterosexual couples as well)

See also

• LGBT rights in the Americas

References