LGBT and trans rights and protections in Spain

Key rules

• 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.
• No third marker: Spanish documents show only male or female, and there is no non-binary marker.
• Regional laws: Regions can add protections to the national minimum but cannot reduce it.

The short answer

Spain legally protects same-sex couples and trans and non-binary people. Two national laws do most of the work: the 2005 marriage law and the 2023 law on trans equality and LGTBI rights. Regional laws add to them.

Same-sex couples

Same-sex couples have the same marriage rights as different-sex couples. This has been the law since 3 July 2005. Marriage carries identical rights on inheritance, pensions, spousal benefits, taxes, residence, nationality and adoption. Both spouses are legal parents in the same way as in any other marriage. This also covers a non-gestating woman who is married or in a registered partnership with the mother.

A valid marriage from abroad is recognised in Spain too.

Trans people

The 2023 law lets you change the sex entry in the civil registry by simple declaration. You need no medical report and no hormone treatment. You can change your name at the same time. The age bands are: from 16 on your own, 14-15 with your parents' assistance, 12-13 with a court's approval. Under 12 only the name can change. The steps and waiting period are in the timeline below.

The law also covers:

• Health: public health care for trans people, with no diagnosis required, and access to gender-affirming care.
• Intersex people: unnecessary surgery on intersex babies under 12 is banned.
• Schools: respect for diversity in lessons, anti-bullying protocols and teacher training.
• Work: companies must have equality plans and protocols against discrimination.
• Families: lesbian, bisexual and trans people have access to assisted reproduction.
• Conversion practices: these are banned.
• Foreign trans people: the law has rules on asylum and on foreign trans people.
• Penalties: there is a system of fines for breaking the rules.

Non-binary people

The law protects you from discrimination on grounds of gender expression. But Spanish documents show only male or female, and there is no non-binary marker. Your DNI and passport follow this too, including if you are a foreign resident. The documents list below shows what you will see on them.

Regional laws

The rules differ by region. Most autonomous communities, including Catalonia, Andalusia, Madrid, Valencia, Galicia, the Balearics, Navarre, the Basque Country, Aragon, the Canary Islands, Murcia and Extremadura, have their own LGTBI or trans laws.

The national law sets the minimum. Regions can add protection but cannot go below it. They often add school and hospital protocols, anti-discrimination bodies, complaint services, care units for trans people and their own fines. Check the law of the region where you live, or ask its equality or social services office.

Where to go next

The quick answers below cover adoption, public affection, blood donation and using a chosen name before a legal change.

Timeline and deadlines

• Make your first request to change the legal sex entry at the civil registry: At the start; age 16 and over by simple declaration, with no medical reports or hormone treatment

• Wait through the reflection period: Three months after your first request

• Confirm your request in person: After the three months; if you do not attend, the request is treated as withdrawn

Documents you need

• Your DNI (Spain's national ID card) shows only male or female (M or F), with no non-binary option.

• Your passport shows only male or female (M or F), with no non-binary option, including for foreign residents.

Quick answers on LGBTQI rights in Spain

Can same-sex couples adopt a child together in Spain?

Yes, same-sex couples can adopt jointly in Spain on the same terms as different-sex couples, whether married or, in many regions, registered partners. You go through the same suitability assessment (idoneidad) by the regional child-protection body. You can also adopt your partner's child, but international adoption is harder because many countries of origin do not accept same-sex couples.

Is it safe to show affection in public as a same-sex couple?

Yes, Spain is generally one of the safest and most accepting countries for same-sex couples, and holding hands is common in big cities and tourist areas. Harassment does happen, more often in smaller towns, at night or around nightlife. Many LGBT people choose to be more careful in those settings.

Can gay and bisexual men donate blood in Spain?

Yes, gay and bisexual men can donate blood in Spain, because eligibility depends on risk behaviour and not on orientation. A deferral of about four months applies to anyone, of any gender or orientation, after sex with a new partner or with more than one partner. A man in a stable monogamous relationship donates on the same terms as anyone else.

Can I use my chosen name before changing it legally?

Yes, in many places you can use your chosen name on your health card, at school and with regional administration before any legal change. Rules differ by region, and many regions have protocols for health cards and schools. Public universities often allow a chosen name on student cards, but the DNI still shows your legal name until the registry change.