# Recognition of same-sex unions in Nicaragua

Part of the LGBTQ rights series :
Legal status of same-sex unions :
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See also
Same-sex union legislation
Same-sex union court cases
Timeline of same-sex marriage
Recognition of same-sex unions in Africa
Recognition of same-sex unions in Asia
Recognition of same-sex unions in Europe
Recognition of same-sex unions in the Americas
Recognition of same-sex unions in Oceania
Marriage privatization
Divorce of same-sex couples
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Notes
1 2 Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
↑ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
↑ Neither performed nor recognized in six British Overseas Territories.
1 2 Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
↑ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
1 2 3 4 5 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. Some member states, including Romania, do not follow the ruling.
↑ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
↑ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
↑ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
↑ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
↑ Some cities and prefectures issue partnership certificates, but they are not legally binding.
↑ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
↑ Hospital visitation rights through a "legal representative" status.
1 2 Not yet in effect. :
LGBTQ portal :
vte :
Nicaragua does not currently recognise same-sex marriages or civil unions.

## Civil unions

Nicaragua recognises de facto unions (uniones de hecho) for cohabiting opposite-sex couples. Article 83 of the Family Code defines de facto unions as "a voluntary agreement between a man and a woman". Couples in these unions are offered the same rights as married couples, but are required to have lived together for at least two years in a "stable and notorious manner". Ramón Rodríguez, professor of criminal law and human rights at the Central American University, argues that the provisions "establishing marriage and stable de facto unions as between a man and a woman only constitute a violation of the universal principle of equality and non-discrimination".

## Same-sex marriage
### Background

Article 72 of the Constitution of Nicaragua states that:
   Marriage and stable unions are protected by the State; they rest on the voluntary agreement between a man and a woman, and may be dissolved by mutual consent or by the shall of one of the parties. The law shall regulate this matter.
In 2012, responding to a request from human rights groups to discuss the legalisation of same-sex marriage, a deputy from the Sandinista National Liberation Front said "they had to wait another 30 years for that to happen".
In June 2014, the Nicaraguan Congress approved a revised family code limiting marriage, de facto unions and adoption to heterosexual couples. The new code went into effect on 8 April 2015. Article 53 of the Family Code describes marriages as "a voluntary union between a man and a woman".

### 2018 Inter-American Court of Human Rights advisory opinion

On 9 January 2018, the Inter-American Court of Human Rights (IACHR) issued an advisory opinion that parties to the American Convention on Human Rights should grant same-sex couples "accession to all existing domestic legal systems of family registration, including marriage, along with all rights that derive from marriage". The ruling states that:
   The State must recognize and guarantee all rights derived from a family bond between persons of the same sex in accordance with the provisions of Articles 11.2 and 17.1 of the American Convention. (...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry. (..) To ensure the protection of all the rights of families formed by same-sex couples, without discrimination with respect to those that are constituted by heterosexual couples.
Nicaragua ratified the American Convention on Human Rights on 25 September 1979 and recognized the court's jurisdiction on 12 February 1991. LGBT groups applauded the decision. The Mexican newspaper Milenio reported that the advisory opinion came as a "shock" to LGBT activists. Ludwica Lega, head of the Nicaraguan Trans Association, said he was "happy" with the decision, but that "in the case of Nicaragua we are focused on priority issues such as improving the Health Law, to end discrimination, full access to education, and recognition of gender identity."

## Public opinion

According to a Pew Research Center survey conducted between 9 November and 13 December 2013, 77% of Nicaraguans opposed same-sex marriage, 16% were in favor and 7% were undecided.
The 2017 AmericasBarometer showed that 24.5% of Nicaraguans supported same-sex marriage.
A survey published by the Nicaraguan Foundation for Economic and Social Development in January 2021 showed that 29% of Nicaraguans supported same-sex marriage.