LGBTQI rights and life

It is for anyone considering, planning or carrying out a move to Spain. After reading, you will know your legal rights as an LGBTQI person or family and what daily life is like in different places.

Start with "LGBT and trans rights and protections in Spain". It gives the overall legal position of same-sex couples, trans people and non-binary people, and it makes the other pages easier to follow.

Residence routes for partners, asylum and general public healthcare access are not covered here.

Key rules

• Age for sex change: You can change your legal sex by simple declaration from age 16, with your parents' assistance at 14-15, and with a court's approval at 12-13; under 12 only the name can change.
• Reflection period: There is a three-month wait between your first request and confirming it in person, and if you do not attend, the request is treated as withdrawn.
• Marriage: Same-sex marriage has had the same requirements and effects as any other marriage since 2005.
• No medical proof: Changing your legal sex entry needs a simple declaration, with no medical report or hormone treatment.
• Conversion practices: They are banned throughout Spain, even if the person agrees to them.
• Fines: Very serious infractions, including discrimination and conversion practices, carry fines of 10,001 to 150,000 euros.

LGBTQI rights and life: the whole process, step by step

• Learn your rights and protections (read: LGBT and trans rights and protections in Spain): before you start any procedure

• Start the marriage file with the Registro Civil or a notary (read: Marriage and partnership for same-sex couples in Spain): first step of a wedding in Spain, as soon as your documents are ready

• Get foreign documents legalised and translated if needed: before you submit the file, as they can add weeks

• Wait for the decision and any interview: in practice from roughly 1 month to several months after submitting, longer in busy cities

• Hold the wedding, or register a marriage celebrated abroad: after the file is approved

• Make your first request to change legal sex or name (read: Trans and non-binary rights, legal gender change and care in Spain): whenever you are ready, if you are 16 or over

• Confirm the change in person at the Registro Civil: three months after your first request

• Plan adoption, assisted reproduction or recognition of your child (read: Parenthood and family recognition for LGBTQI parents in Spain): before you start the process, as regional bodies assess suitability

• Report discrimination if it happens (read: Protection against LGBTphobic discrimination and conversion practices): as soon as it happens

• Choose where to live openly (read: Living openly as LGBTQI in Spanish cities, towns and rural areas): before you settle, or any time you consider moving

Marriage file times vary by city and by whether foreign documents or interviews are needed; confirm with your Registro Civil or notary.

Documents you may need

Identity and residence

• Valid passport or ID — Marriage and partnership for same-sex couples in Spain
• Certificate of registration at your address — Marriage and partnership for same-sex couples in Spain
• Your passport shows only male or female — LGBT and trans rights and protections in Spain
• Your NIE — Trans and non-binary rights, legal gender change and care in Spain

Translations and legal papers

• Signed sworn statement of your civil status — Marriage and partnership for same-sex couples in Spain
• Spanish translation of every document not in Spanish — Marriage and partnership for same-sex couples in Spain

Other documents

• Full birth certificate — Marriage and partnership for same-sex couples in Spain, Parenthood and family recognition for LGBTQI parents in Spain
• Certificate of single status or no impediment to marry — Marriage and partnership for same-sex couples in Spain
• Written consent of the non-birth mother — Parenthood and family recognition for LGBTQI parents in Spain
• Foreign court decision recognised in Spain — Parenthood and family recognition for LGBTQI parents in Spain

Each article lists the other documents it asks for, where you need them.

LGBTQI rights and life: questions that cross several articles

Can I get a non-binary marker on my Spanish documents?

No, Spanish documents show only male or female, and there is no non-binary marker. The law does protect you from discrimination based on gender expression. Read Trans and non-binary rights, legal gender change and care in Spain, and Protection against LGBTphobic discrimination and conversion practices.

Can a foreign same-sex couple marry in Spain?

Yes, a foreign same-sex couple can marry in Spain on the same terms as any couple, and nationality does not bar it. Normally one of you must live in the registry area where the file is processed, and a foreign law that bans same-sex marriage cannot be applied if one of you is Spanish or resident in Spain. Read Marriage and partnership for same-sex couples in Spain.

Will Spain recognise our same-sex marriage celebrated abroad?

Yes, a same-sex marriage validly celebrated abroad is recognised in Spain if it meets the rules of the country where it took place. You register it at the Registro Civil, or through the consulate if a Spanish national is involved, with a legalised and translated marriage certificate. Read Marriage and partnership for same-sex couples in Spain, and LGBT and trans rights and protections in Spain.

Where do I complain about LGBTphobic discrimination?

You can complain to the police, the specialist hate-crime prosecutors, the labour inspectorate for workplace cases, your region's LGTBI services, the ombudsman or the courts directly. Which body acts depends on where and how it happened.

Can same-sex couples adopt jointly in Spain?

Yes, same-sex couples can adopt jointly on the same terms as other couples, including a suitability assessment by the regional child-protection body. See LGBT and trans rights and protections in Spain.