LGBT rights in the Falkland Islands
| LGBT rights in Falkland Islands | |
|---|---|
 | |
| Same-sex sexual activity legal? | Legal since 1989, equal age of consent since 2005 |
| Military service | UK responsible for defense (Since 2000) |
| Discrimination protections | Yes, sexual orientation only |
| Family rights | |
| Recognition of relationships | No |
| Adoption | None |
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] In September 2016, a report to the Council indicated that revisions to the Family Law may take a further 12 months to draft.[5]
Adoption and family planning
It is confirmed that same-sex couples are not allowed to adopt in the Falkland Islands.[6]
However, whether lesbians are allowed access to IVF remains unknown.
Discrimination protections
The article 16 of the constitution bans discrimination based on sexual orientation.[7]
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) |
| Recognition of same-sex unions (e.g. civil union) | (Proposed) |
| Adoption by single LGBT person |  (Proposed) |
| Step-child adoption by same-sex couples | (Proposed) |
| Joint adoption by same-sex couples | (Proposed) |
| 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
References
- ↑ http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf
- ↑ Caymans define marriage amid fears UK will impose civil partnerships
- ↑ Family Law Review 2015 – Proposals for new policy development and legislation
- ↑ Family Law Review – Proposals for legislative drafting
- ↑ "Executive Council Task Status Report". Retrieved Nov 23, 2016.
- ↑ http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2013.pdf
- ↑ The Falkland Islands Constitution Order 2008