Same Sex Marriage in Nepal March 30, 2026 - BY Admin

Same Sex Marriage in Nepal

Legal Framework for Same-Sex Marriage in Nepal

Same-sex marriage in Nepal operates under a unique interim legal framework established by the Supreme Court of Nepal on June 28, 2023 . This interim order, issued in the case of Pinky Gurung and Others v. Government of Nepal, directed the government to create a "temporary registry" for same-sex marriages while permanent legislation is developed .

The legal foundation rests on:

  • Article 18(1) of the Constitution of Nepal (2015): Equal protection of the law
  • Section 69(1) of the National Civil Code 2074 (2017): Freedom to enter into marriage or conjugal life
  • Article 18(3): Prohibition of discrimination against sexual minorities

However, the National Civil Code 2074 still defines marriage as between "a man and a woman" (Section 67), creating a legislative gap that the Supreme Court's interim order temporarily bridges .

Historic Milestone: First Same-Sex Marriage Registration

On November 29, 2023, Nepal became the first South Asian country and second Asian country after Taiwan to register a same-sex marriage . The historic registration involved:

CoupleDetailsRegistration LocationSignificance
Maya Gurung & Surendra PandeyTransgender woman (legally male) & cisgender manDordi Rural Municipality, Lamjung DistrictFirst official same-sex marriage in South Asia

Note on Gender Markers: Maya Gurung is legally recognized as male on official documents because Nepal does not permit gender marker changes from birth-assigned sex to another binary gender—only to "third gender" (O) . This technicality made the union legally classified as same-sex.

Step-by-Step Same-Sex Marriage Registration Process

Phase 1: Pre-Registration Requirements

Eligibility Criteria:

RequirementDetailsVerification
AgeBoth parties must be 18+ yearsCitizenship certificates or passports
ConsentFree and full consent of both partiesIn-person declaration
Marital StatusNeither party in existing valid marriageAffidavit or status certificate
Prohibited RelationshipsNot within prohibited degrees of kinshipFamily relationship disclosure

Documentation Required:

DocumentPurposeSpecial Notes
Citizenship certificates or passportsIdentity and age verificationForeign nationals may register, but immigration status separate
Unmarried/Single status certificatesProof of eligibility to marryRequired from both parties' home jurisdictions if foreign
Recent passport photographsRegistration recordsTypically 4 copies
Application formOfficial requestAvailable at local administration offices

Phase 2: Filing Application

Jurisdiction: Applications filed at Local Administration Offices (Rural Municipality or Municipality ward offices)

Filing Procedure:

  1. Approach Local Administration Office: Visit the ward office in the jurisdiction where either party resides
  2. Submit Application Package:
  • Completed marriage registration application
  • All identity documents (originals + copies)
  • Photographs
  • Any required affidavits
  1. Initial Review: Local officials verify completeness and eligibility

Critical Challenge: Many local officials remain unaware of the Supreme Court interim order or refuse to implement it, citing lack of specific legislation . The first successful registration (Gurung-Pandey) required intervention by the Ministry of Home Affairs after rejections by Kathmandu District Court and Patan High Court .

Phase 3: Overcoming Registration Barriers

If local officials refuse registration (common scenario):

BarrierRemedyAuthority Contact
Lack of awareness of interim orderProvide copy of Supreme Court order dated June 28, 2023Supreme Court registry
Claim of no legislative authorityReference Ministry of Home Affairs directiveHome Ministry, Singha Durbar
Direct rejectionFile writ petition at District CourtDistrict Court of relevant jurisdiction
High Court rejectionAppeal to Supreme CourtSupreme Court, Kathmandu

Successful Strategy: The Gurung-Pandey case succeeded by:

  • Filing with Dordi Rural Municipality (their home district)
  • Securing Ministry of Home Affairs directive to local offices
  • Obtaining "temporary" certificate with Supreme Court order footnote

Phase 4: Certificate Issuance

Marriage Certificate Features:

ElementDescriptionLegal Status
Parties listed as"Groom and Bride" regardless of gender identityTraditional terminology maintained
Registration basis"Temporary registration as per Supreme Court interim order"Explicit legal foundation noted
Certificate validityLegally recognized for all marriage purposesInterim but enforceable
Security concernsSome officials take leave after registration due to threatsSocial stigma remains

Legal Rights and Limitations of Same-Sex Marriage

Granted Rights (Interim)

RightScopeEnforcement Status
Legal recognition of marital unionValid for all government and private purposesFunctional but contested
Joint bank accountsOpening accounts as married coupleBank-dependent; some refuse
Joint property ownershipReal estate and assetsRegistry offices may resist
Inheritance rightsSpousal inheritance under Civil CodeLegal but untested in courts
Medical decision-makingHospital visitation and consentGenerally honored
Life insurance beneficiarySpousal designationInsurance companies adapting

Uncertain/Restricted Rights

IssueStatusReason
Adoption rightsUnclearNo legislation addressing same-sex adoption
Surrogacy accessUnclearNo legal framework for LGBTQ+ family building
Tax benefitsUnclearTax code not amended for same-sex couples
Foreign spouse visaCase-by-caseImmigration law silent on same-sex marriage visas
Divorce proceedingsUntestedNo precedent for same-sex divorce

Subsequent Same-Sex Marriage Registrations (Post-November 2023)

Following the historic first registration, additional same-sex marriages have been recorded:

DateCoupleLocationDetails
December 22, 2023Prakash Chaudhary (trans man) & Manila Neupane (trans woman)Kailari, Kailali DistrictFirst transgender couple registration
February 12, 2024Suprita Gurung & Anju Devi ShresthaBadhaiyatal, Bardiya DistrictFirst marriage between two women; official took 15-day leave after registration due to security concerns
August 18, 2024China Nepali & Jyoti SarkiRampur, Palpa DistrictTransgender couple; listed as "groom and bride"
September 28, 2024Anjali Thapa Pokhara & Laxmi Silwal RajRupa, Kaski DistrictThird gender (O marker) participant; faced registration difficulties

Total Registrations: As of September 2024, approximately 5 couples had successfully registered, with many more hesitant due to procedural difficulties and social stigma .

Challenges and Barriers to Same-Sex Marriage

Legal and Procedural Barriers

BarrierImpactResolution Efforts
No permanent legislationRights uncertain; dependent on court ordersParliament drafting marriage equality bill
Local official resistanceRefusals to register despite Supreme Court orderHome Ministry directives; activism by Blue Diamond Society
Gender marker restrictionsTrans individuals cannot change M/F markers, complicating registration2024 court ruling eased medical requirements for gender recognition
Inconsistent implementationSome districts register, others refuseOngoing litigation and advocacy

Social and Cultural Barriers

ChallengeManifestationMitigation
Social stigmaFamily rejection, community ostracizationLGBTQ+ community support networks
Religious oppositionHindu traditional marriage normsProgressive religious leaders' advocacy
Security threatsViolence against couples and officialsSecurity measures; anonymous registration options
Lack of awarenessCouples unaware of legal rightsEducation by Mitini Nepal, Blue Diamond Society

Path to Permanent Legislation

The Supreme Court's interim order explicitly directed Parliament to enact permanent marriage equality legislation . As of early 2026:

StatusDetails
Draft legislationUnder discussion in parliamentary committees
Key provisions neededGender-neutral marriage definitions; adoption rights; divorce procedures; inheritance clarity
TimelineUncertain; political will required
Activist pressureBlue Diamond Society, Mitini Nepal, and LGBTQ+ advocates actively lobbying

Frequently Asked Questions (FAQs) About Same-Sex Marriage in Nepal

Q1: Is same-sex marriage fully legal in Nepal?
A: Same-sex marriage is partially legal through a Supreme Court interim order (June 28, 2023) pending permanent legislation. Registration is possible but procedurally challenging .

Q2: Can same-sex couples register marriage at any local office in Nepal?
A: Not consistently. While the Supreme Court order applies nationally, many local officials refuse registration. Success often requires Home Ministry intervention or persistent advocacy .

Q3: What documents are required for same-sex marriage registration?
A: Citizenship certificates or passports, unmarried status certificates, recent photographs, and completed application forms. Foreign nationals may face additional requirements .

Q4: Do same-sex married couples have adoption rights in Nepal?
A: Unclear. No legislation currently addresses adoption by same-sex couples. This remains a significant gap in family law .

Q5: Can transgender individuals marry in Nepal?
A: Yes. Transgender individuals can marry, but legal gender markers complicate classification. Nepal recognizes "third gender" (O) on documents, but binary gender changes (M to F or F to M) remain restricted .

Q6: What happens if local officials refuse to register our same-sex marriage?
A: Options include: (1) Providing Supreme Court order copy; (2) Contacting Home Ministry; (3) Filing writ petition at District Court; (4) Appealing to Supreme Court if necessary .

Q7: Are same-sex marriages from other countries recognized in Nepal?
A: Limited recognition. Foreign same-sex marriages may be acknowledged for visa/immigration purposes, but full legal equivalence is not yet established .

Q8: What is the penalty for officials who refuse same-sex marriage registration?
A: Currently, no specific penalties exist. However, contempt of court proceedings may be possible for willful disregard of Supreme Court orders .

Why Choose Attorney Nepal for Same-Sex Marriage Legal Services?

Navigating same-sex marriage registration in Nepal requires specialized legal expertise due to the interim legal status and implementation challenges. Attorney Nepal provides:

  • Strategic Registration Support: Identifying receptive local offices and securing Home Ministry directives
  • Documentation Preparation: Ensuring all paperwork meets evolving requirements
  • Litigation Support: Filing writ petitions and appeals when registration is refused
  • Rights Protection: Enforcing spousal rights in property, inheritance, and medical contexts
  • Family Law Guidance: Addressing adoption, surrogacy, and child custody within same-sex marriages
  • International Coordination: Assisting foreign nationals with marriage recognition in their home countries

Contact Attorney Nepal to navigate Nepal's groundbreaking but complex same-sex marriage landscape. Our LGBTQ+ law specialists ensure your union receives full legal recognition and protection.

Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Same-sex marriage law in Nepal is rapidly evolving and subject to judicial and legislative changes. Consult qualified legal professionals for case-specific guidance. Last verified: March 30, 2026.

Official Resources:

  • Supreme Court of Nepal: supremecourt.gov.np
  • Blue Diamond Society: bluediamondsociety.org
  • Ministry of Home Affairs: moha.gov.np