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 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 (MG), 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 cannot 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.
