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:
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 .
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:
| Couple | Details | Registration Location | Significance |
|---|---|---|---|
| Maya Gurung & Surendra Pandey | Transgender woman (legally male) & cisgender man | Dordi Rural Municipality, Lamjung District | First 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.
Eligibility Criteria:
| Requirement | Details | Verification |
|---|---|---|
| Age | Both parties must be 18+ years | Citizenship certificates or passports |
| Consent | Free and full consent of both parties | In-person declaration |
| Marital Status | Neither party in existing valid marriage | Affidavit or status certificate |
| Prohibited Relationships | Not within prohibited degrees of kinship | Family relationship disclosure |
Documentation Required:
| Document | Purpose | Special Notes |
|---|---|---|
| Citizenship certificates or passports | Identity and age verification | Foreign nationals may register, but immigration status separate |
| Unmarried/Single status certificates | Proof of eligibility to marry | Required from both parties' home jurisdictions if foreign |
| Recent passport photographs | Registration records | Typically 4 copies |
| Application form | Official request | Available at local administration offices |
Jurisdiction: Applications filed at Local Administration Offices (Rural Municipality or Municipality ward offices)
Filing Procedure:
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 .
If local officials refuse registration (common scenario):
| Barrier | Remedy | Authority Contact |
|---|---|---|
| Lack of awareness of interim order | Provide copy of Supreme Court order dated June 28, 2023 | Supreme Court registry |
| Claim of no legislative authority | Reference Ministry of Home Affairs directive | Home Ministry, Singha Durbar |
| Direct rejection | File writ petition at District Court | District Court of relevant jurisdiction |
| High Court rejection | Appeal to Supreme Court | Supreme Court, Kathmandu |
Successful Strategy: The Gurung-Pandey case succeeded by:
Marriage Certificate Features:
| Element | Description | Legal Status |
|---|---|---|
| Parties listed as | "Groom and Bride" regardless of gender identity | Traditional terminology maintained |
| Registration basis | "Temporary registration as per Supreme Court interim order" | Explicit legal foundation noted |
| Certificate validity | Legally recognized for all marriage purposes | Interim but enforceable |
| Security concerns | Some officials take leave after registration due to threats | Social stigma remains |
| Right | Scope | Enforcement Status |
|---|---|---|
| Legal recognition of marital union | Valid for all government and private purposes | Functional but contested |
| Joint bank accounts | Opening accounts as married couple | Bank-dependent; some refuse |
| Joint property ownership | Real estate and assets | Registry offices may resist |
| Inheritance rights | Spousal inheritance under Civil Code | Legal but untested in courts |
| Medical decision-making | Hospital visitation and consent | Generally honored |
| Life insurance beneficiary | Spousal designation | Insurance companies adapting |
| Issue | Status | Reason |
|---|---|---|
| Adoption rights | Unclear | No legislation addressing same-sex adoption |
| Surrogacy access | Unclear | No legal framework for LGBTQ+ family building |
| Tax benefits | Unclear | Tax code not amended for same-sex couples |
| Foreign spouse visa | Case-by-case | Immigration law silent on same-sex marriage visas |
| Divorce proceedings | Untested | No precedent for same-sex divorce |
Following the historic first registration, additional same-sex marriages have been recorded:
| Date | Couple | Location | Details |
|---|---|---|---|
| December 22, 2023 | Prakash Chaudhary (trans man) & Manila Neupane (trans woman) | Kailari, Kailali District | First transgender couple registration |
| February 12, 2024 | Suprita Gurung & Anju Devi Shrestha | Badhaiyatal, Bardiya District | First marriage between two women; official took 15-day leave after registration due to security concerns |
| August 18, 2024 | China Nepali & Jyoti Sarki | Rampur, Palpa District | Transgender couple; listed as "groom and bride" |
| September 28, 2024 | Anjali Thapa Pokhara & Laxmi Silwal Raj | Rupa, Kaski District | Third 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 .
| Barrier | Impact | Resolution Efforts |
|---|---|---|
| No permanent legislation | Rights uncertain; dependent on court orders | Parliament drafting marriage equality bill |
| Local official resistance | Refusals to register despite Supreme Court order | Home Ministry directives; activism by Blue Diamond Society |
| Gender marker restrictions | Trans individuals cannot change M/F markers, complicating registration | 2024 court ruling eased medical requirements for gender recognition |
| Inconsistent implementation | Some districts register, others refuse | Ongoing litigation and advocacy |
| Challenge | Manifestation | Mitigation |
|---|---|---|
| Social stigma | Family rejection, community ostracization | LGBTQ+ community support networks |
| Religious opposition | Hindu traditional marriage norms | Progressive religious leaders' advocacy |
| Security threats | Violence against couples and officials | Security measures; anonymous registration options |
| Lack of awareness | Couples unaware of legal rights | Education by Mitini Nepal, Blue Diamond Society |
The Supreme Court's interim order explicitly directed Parliament to enact permanent marriage equality legislation . As of early 2026:
| Status | Details |
|---|---|
| Draft legislation | Under discussion in parliamentary committees |
| Key provisions needed | Gender-neutral marriage definitions; adoption rights; divorce procedures; inheritance clarity |
| Timeline | Uncertain; political will required |
| Activist pressure | Blue Diamond Society, Mitini Nepal, and LGBTQ+ advocates actively lobbying |
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 .
Navigating same-sex marriage registration in Nepal requires specialized legal expertise due to the interim legal status and implementation challenges. Attorney Nepal provides:
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.
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March 30, 2026 - BY Admin