Claim: Same-sex marriage has been legal in Brazil following judicial system decision.

Same-sex marriage has been legal in Brazil since 16 May 2013 , following the National Justice Council decision , which orders notaries of every state to perform same-sex marriages . The ruling is on appeal to the Supreme Court .   Same-sex unions had already been legally recognized since 2004 . Following a ruling of the Supreme Court of Brazil , so-called stable unions -LRB- união estável -RRB- had been available for same-sex couples since May 2011 . These unions were granted most of the rights of marriages , including adoption , welfare benefits , pension , inheritance tax , income tax , social security , health benefits , immigration , joint property ownership , hospital and prison visitation , IVF and surrogacy .  This decision paved the way for future legislation on same-sex matrimonial rights . Before the nationwide legislation , Alagoas , Bahia , Ceará , Espírito Santo , the Federal District , Mato Grosso do Sul , Paraíba , Paraná , Piauí , Rondônia , Santa Catarina , Santa Rita do Sapucaí -LRB- MG -RRB- , São Paulo , and Sergipe had already allowed same-sex marriages and several unions were converted into full marriages by state judges . In Rio de Janeiro , same-sex couples could also marry but only if local judges agreed with their request .   Nevertheless , on 14 May 2013 , the Justice 's National Council of Brazil legalized same-sex marriage in the entire country in a 14-1 vote by issuing a ruling that orders all civil registers of the country to perform same-sex marriages and convert any existing civil union into a marriage , if the couple wish so . Joaquim Barbosa , president of the Council of Justice and the Supreme Federal Court , said that notaries can not continue to refuse to `` perform a civil wedding or the conversion of a stable civil union into a marriage between people of the same sex . '' The ruling was published on 15 May and took effect on 16 May 2013 .