LGBTIQ+ rights in Argentina: marriage equality, gender identity law, comprehensive trans law

Argentina is, by far, the most advanced country in Latin America in terms of LGBTIQ+ rights. It was the first country in the region to approve marriage equality (2010), the first to have a gender identity law without going through the courts (2012), and it adds trans labor quota, comprehensive trans law and adoption by same-sex couples. This guide summarises the most important rights and how to exercise them.

Marriage equality (2010)

On July 15, 2010 Argentina became the first country in Latin America (and the tenth in the world) to approve marriage between people of the same sex with the same rights and obligations as heterosexual marriage. Law 26.618, known as the "Marriage Equality Law", was approved by the Senate after a historic debate and enacted a few days later.

The law includes all the rights of heterosexual marriage: widower's pension, social security, inheritance, joint adoption, possibility of applying for Argentine citizenship through marriage, and all other patrimonial and family rights. The procedure is done at the civil registry anywhere in the country. If you come from abroad, you can get married in Argentina and use the certificate to apply for residency.

Since 2010, more than 30,000 same-sex couples have married in Argentina. It's a completely normalised right in society and in the State. There is no legal or administrative discrimination of any kind for getting married as a same-sex couple.

Gender identity law (2012)

On May 9, 2012 Argentina was once again a pioneer in the region with the enactment of Law 26.743 on Gender Identity, the first law in Latin America (and one of the first in the world) to recognise the right to self-perceived gender identity without going through the courts, without a medical diagnosis, without hormonal or surgical treatment, and without any kind of guardianship.

The law guarantees the right to:

• Recognising self-perceived gender identity: any person can request the change of name and sex on their ID and on all official documents.
• Accessing hormonal treatments and surgeries through the public or private health system, with mandatory coverage.
• Being treated with the self-perceived name and pronoun in all areas: public, private, health, education, work.
• Not suffering discrimination based on gender identity in any area.

The procedure is administrative: it's done at the National Registry of Persons (RENAPER) or at any civil registry, without going through any judge, medical assessment, or legal process. It's a model of law that was later replicated in other countries in the region and the world.

Trans labor quota (2021) and comprehensive trans law

On June 24, 2021 Argentina approved Law 27.636 on the Trans Labor Quota, known as the Diana Sacayán-Lohana Berkins Law (in homage to two murdered trans activists). The law establishes that 1% of National State jobs must be filled by travesti, transsexual and transgender people. It's a floor, not a ceiling: each province, municipality and company can set higher percentages.

The law includes:

• 1% quota in the National Public Sector (centralised administration, decentralised, state companies, national universities, armed forces with specific quotas).
• Training and educational completion for trans people who did not finish school.
• Access to employment programmes in articulation with provinces, municipalities and companies.
• Gender and diversity perspective in selection processes.

In 2025–2026 the discussion and sanction of the Comprehensive Law for Trans People Diana Sacayán-Lohana Berkins advanced, which expands rights in health, housing, education and historic reparation. The law was finally approved and enacted in 2026, and establishes a comprehensive framework of rights for trans people in Argentina.

Adoption, reproduction and family rights

Since the enactment of marriage equality, same-sex couples have the same right to adopt as heterosexual couples. Law 26.618 includes the reform of the Civil Code that allows joint adoption and single-parent adoption without discrimination. The procedure is done through the same agencies and with the same criteria as for any couple.

In terms of assisted reproduction, Argentina has one of the most inclusive laws in the region: Law 26.862 on Comprehensive Access to Procedures and Medical-Assistive Techniques of Medically Assisted Reproduction (2013) guarantees access to fertility treatments for all people, regardless of their sexual orientation, gender identity or marital status. It includes lesbian, gay, trans and single people.

More rights: sports law, trans quota in culture and more

Argentina has expanded LGBTIQ+ rights in multiple areas in recent years:

• Law 27.592 (Sports Law, 2020): includes gender and diversity perspective, prohibits discrimination based on sexual orientation and gender identity in federated sport.
• Law 27.636 (Trans Labor Quota, 2021): 1% of national public employment for trans people.
• Law 27.711 (Female Quota in Culture, 2023): includes LGBTIQ+ perspective in the distribution of cultural funds.
• Trans quota in public transport: several bus lines and transport companies have active policies of trans labor inclusion.
• Marriage equality (2010): law 26.618, first in Latin America.
• Gender identity (2012): law 26.743, first in the region with name change without going through the courts.
• Assisted reproduction (2013): law 26.862, universal access regardless of sexual orientation or marital status.
• Comprehensive Trans Law (2026): comprehensive framework of rights for trans people in Argentina.

How to exercise your rights

If you need legal advice or want to exercise any of these rights, there are several free entry points in Buenos Aires:

• 100% Diversidad y Derechos (100porciento.org.ar): Argentina's largest LGBTIQ+ organisation. Free legal advice, support with procedures, containment. They have offices in CABA.
• Fundación Huésped (huesped.org.ar): sexual and reproductive health, HIV, diversity. Free health centre in CABA. Rights advice.
• ATTTA (attta.org.ar): Argentine Association of Transvestites, Transsexuals and Transgender people. Specific support for trans people, legal and labour advice.
• Defensoría del Pueblo de CABA (defensoria.org.ar): LGBT ombudsperson, free legal advice.
• INADI (argentina.gob.ar/inadi): National Institute against Discrimination, Xenophobia and Racism. Discrimination complaints. Free line 0800-555-3422.