Laws

VENEZUELA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
  Civil Unions
Custody of Children
Discrimination
Estates, Wills
Fostering Children
Harassment
Hate Crimes
HIV/Aids
  Homosexuality
Immigration
Inheritance, Succession
In Vitro Fertilisation (IVF)
Marriage
Military
Parenting
  Partners
Property
Sodomy
Superannuation
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

The age of majority is eighteen (18) and the age of consent for consensual sexual activity between same-sex couples is considered to be the same age [R1.1].

However, it has also been reported that the age of consent is 16 years.

R1.1 Interpol: Sexual Offences Against Children Spring 06
Discrimination Legislation/Cases/References
1.

National

In July 2009, the Venezuelan National Assembly voted to pass a bill for gender equity and equality through the first round of discussion. If passed, the 'Organic Law for Gender Equity and Equality' would criminalise discrimination, as well recognise the rights of co-habiting same-sex couples and introduce civil unions [R1.3].

In 1999, discrimination in employment based on sexual orientation became unlawful [R1.2], [R1.1].

R1.3 PinkNews: Venezuelan government moves to establish greater LGBT rights 21 JUL 09
R1.2 ILGA: State-Sponsored Homophobia PDF 788.40, MAY 10
R1.1 MSO: Venezuelan Constitution to Protect Gays 01 OCT 99

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Estates, Inheritance, Succession, Wills Legislation/Cases/References
1.

Courts & Tribunals

On 15 December 2016, the Venezuelan Supreme Court ruled that ''same-sex couples can be heads of families, and as such, the state will provide protection to the family without distinction regarding its conformation, including to the children and adolescents''. The ruling enables Migdely Miranda to register her now deceased partner Giniveth Soto's child had by way of in vitro fertilization ''with the last names of both mothers in the civil registry, with Venezuelan nationality''. The court also ordered the country's tax administration body, the SENIAT, to officially recognize the child as the legal heir of both his mothers, entitling him to all of Soto’s possessions previously seized by her family [C1.2], [R1.1].

C1.2 Judgment (in Spanish): Exp. 16-0357 15 DEC 16
R1.1 venezuelanalysis.com: Venezuelan Supreme Court Upholds Rights of Same-Sex Families in Landmark Ruling 20 DEC 16
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is reportedly lawful [R1.2].

On 12 November 2009, the IGLHRC reported that the police in Caracas harass and abuse people whose sexual orientation and/or gender identity differs from social norms [R1.1].

R1.2 ILGA: State-Sponsored Homophobia PDF 788.40, MAY 10
R1.1 IGLHRC: Venezuela: Condemn Arrests of LGBT in Caracas 12 NOV 09
Marriage Legislation/Cases/References
1.

Courts & Tribunals

On 04 March 2008, the Supreme Court of Justice ruled that same-sex marriages cannot be constitutionally authorized even if the Venezuelan constitution prohibits "any form of discrimination, including that which is based on sexual orientation" [C1.2], [R1.1].

C1.2 El Tribunal Supremo de Justicia: VS Exp: 03-2630 [in Spanish]
R1.1 Blabbeando: Top Court says no to same-sex marriages 05 MAR 08
Military Legislation/Cases/References
1.

National

In January 1998, gay men were reported to have been formally banned from joining Venezuela's military. Venezuela requires all 18 year-old men to join the military for a period of service, however one can defer the draft by claiming to be gay [R1.1].

R1.1 Adelaide Gay Times: Venezuela Bans Gays in the Military 23 JAN 98
Parenting, Adoption, Fostering Legislation/Cases/References
1.

National

On 31 January 2017, it was reported that the National Electoral Council (CNE) issued the first Venezuelan birth certificate recognizing two lesbian mothers as legal parents following a landmark Supreme Court (TSJ) case won by LGBTQ rights organization Venezuelan Equality Association involving two Venezuelan women, Migdely Miranda and Giniveth Soto and their son [R1.1]. See [C2.2], [R2.1] below

2.

Courts & Tribunals

On 15 December 2016, the Venezuelan Supreme Court ruled that ''same-sex couples can be heads of families, and as such, the state will provide protection to the family without distinction regarding its conformation, including to the children and adolescents''. The ruling enables Migdely Miranda to register her now deceased partner Giniveth Soto's child had by way of in vitro fertilization ''with the last names of both mothers in the civil registry, with Venezuelan nationality'' [C2.2], [R2.1].

R1.1 Venezuelanalysis: Venezuela Legally Recognizes First Child with Two Mothers 31 JAN 17
C2.2 Judgment (in Spanish): Exp. 16-0357 15 DEC 16
R2.1 venezuelanalysis.com: Venezuelan Supreme Court Upholds Rights of Same-Sex Families in Landmark Ruling 20 DEC 16

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