Private, non-commercial sexual relations between same-sex consenting adults 16 and over have been legal in Cuba since 1979.

Consensual sexual activity between individuals of the same sex.

Article 303 prohibits Gaysexual behaviours (punishable by 3 months in prison and/or financial fines)

On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption.  Article 30 and 31 allow for same-sex adoption and explicitly grant the right to couples using forms of assisted reproductive technology.  On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote. They also confirmed the result is valid and binding. The law will come into effect upon formal confirmation, expected 30 September.

The ability for same-sex couples to legally adopt a child.

No restrictions. No laws in place for same sex couples. Legalization pending.

The Age of Consent is currently legal in Cuba.

The difference between legal age of consent for Gaysexual sex and heterosexual sex.

Donating blood a is legal with no deferral after sex.

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

In Cuba, there are no laws restricting the discussion or promotion of LGBTQ+ topics.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

According to ILGA official data as of October 2023, the gender marker on identity documents can only be changed if the applicant has undergone gender affirmation surgery. The petitioner must submit their request for a change of gender marker before the Civil Section of the Local Court. Next, the request is submitted to the National Commission for Comprehensive Attention to Trans People, together with the medical certification that the petitioner has undergone surgery. The following evidence must be accredited before the court: (1) the summary of the clinical records, (2) the descriptive medical criteria of the surgery with emphasis on its irreversibility, (3) a document confirming the intervention signed by the CENESEX, and (4) photographic records from before and after the intervention. <br />
<br />
Gender affirming surgery and hormonal treatment are provided and covered by the national health system since 2008 (Resolution No. 126).<br />
<br />
Since 2022, transgender people can change their name through self-determination. Instruction #1 of 2022 of the Ministry of Justice repealed Instruction #1 of 2012 that made the name change for trans people subject to a change of sex, following genital adjustment surgery.

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

According to ilga.org. Conversion therapy ban pending.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

Constitutional protections based on sexual orientation and gender identity have been instituted.

Prohibition of discrimination based on sexual orientation and/or gender identity.

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

On 25 September, Cuba held a referendum on the development of a new family code that includes provisions that would legalise same-sex marriage and same-sex adoption.  On 26 September, the President of the Cuban National Electoral Council confirmed that the referendum had passed with 66.87% of the vote.  They also confirmed the result is valid and binding.  The law will come into effect upon formal confirmation, expected 30 September. 

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

The Cuban Constitution does not ban same sex marriage, but other statutory laws do prohibit it. Article 2 of the Family Code defines marriage as a union between a man and a woman - an amendment drafted in 2018 would have changed this but was rejected. Further consultation on changes to the Family Code are ongoing in 2022.

Since 2016, serving openly in the military has been legalized. 

The ability for Gaysexuals to serve in the military and be open about their sexuality.

Legal recognition of non-binary, genderqueer, or third gender identities.

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