Paraguay is one of the most conservative countries in South America regarding LGBT+ issues, and this is a reality worth knowing before you depart rather than discovering on the ground. This guide neither dramatizes nor downplays: it presents the legal facts, the social situation as documented by human rights organizations, and concrete precautions, whether you are passing through or planning a longer-term stay.
What the Law Says
What to remember
- •Same-sex relationships are legal in Paraguay since the end of the 19th century, there is no criminalization of homosexuality
- •Same-sex marriage and civil unions are not recognized: the 1992 Constitution defines marriage as the union of a man and a woman
- •There is no specific anti-discrimination protection based on sexual orientation or gender identity in labor or civil law
- •A constitutional appeal filed in 2025 by three trans individuals before the Supreme Court, seeking recognition of their identity, was still under review in early 2026
From a strictly criminal perspective, Paraguay does not criminalize consensual sexual relations between same-sex adults: it is not a crime, unlike several countries in Africa or Asia. This is the most reassuring point to know before leaving. But the absence of criminalization does not mean equal rights. Article 140 of the Paraguayan Civil Code explicitly defines marriage as the union of a man and a woman, and no alternative form of civil union exists for same-sex couples. A homosexual couple therefore has no access to any legal framework for recognizing their relationship, whether for inheritance, taxation, adoption or hospital visitation rights.
For trans individuals, the situation is even more uncertain: changing the gender marker on civil records is not provided for by law, and lower courts have historically rejected requests for name changes related to gender identity. A strategic legal action, filed in 2025 before the Supreme Court by three trans women, seeks precisely to have this right recognized; its outcome will be an important indicator of the evolution of Paraguayan law on this issue in the coming years.
What Changes for an Expatriation Project
For a same-sex couple considering settling in Paraguay, the lack of legal recognition of the union has concrete consequences: the residency application must be made individually rather than based on spouse status, access to the partner's social security is not automatic, and inheritance rights follow common law without the protections granted to married couples. These procedures remain possible, but require deeper legal preparation than for a married heterosexual couple. See the Temporary Residency page for details on individual procedures.
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Sources
- Equaldex: LGBT Rights in Paraguay (2026)
- Wikipedia: LGBTQ rights in Paraguay (2026)
- Wikipedia: Recognition of same-sex unions in Paraguay (2025)
- ILGA World Database: LGBTI Rights in Paraguay (2025)
- Outright International: Paraguay (2026)
- Human Rights Watch: Paraguay Country Page (2026)
- GOV.UK: Paraguay travel advice (2026)
- France Diplomatie: Conseils aux voyageurs Paraguay (2025)
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Social Reality on the Ground
Paraguay remains a society marked by a strong influence of the Catholic and Evangelical churches in public debate, which translates into a generally unwelcoming social climate regarding LGBT+ issues, particularly outside Asunción. The capital concentrates most of the country's LGBT+ community and festive life, with an annual pride march that has taken place without major incidents in recent years, but remains a modest event compared to its Argentine or Brazilian counterparts.
Human rights organizations (Human Rights Watch, Outright International) document persistent discrimination in employment, housing and access to healthcare, as well as cases of harassment, without this necessarily translating into widespread physical violence toward tourists. The difference is notable between the urban public space of Asunción, where a certain discretion is usually enough to avoid problems, and rural areas or small towns, where traditional social norms are much stronger and where publicly displaying a same-sex relationship can attract hostile attention.