In short: Same-sex relationships are legal in Guatemala (UK FCDO, Government of Canada). Same-sex marriage is not. The Código Civil defines marriage (Art. 78) and the unión de hecho (Art. 173) as between a man and a woman. The practical result for a couple moving here: a same-sex partner has no marriage-based residency route. Each partner needs their own residency. No law specifically guarantees freedom from discrimination on sexual orientation (UK FCDO). A 2024 ethics code (Acuerdo Gubernativo 62-2024) bars executive-branch officials from discriminating on sexual orientation or gender identity. The UK says Guatemala City is largely tolerant and the rest of the country more conservative. It also warns that public affection can draw attacks.
The law below is quoted from the Código Civil, the Código de Migración and the Diario de Centro América. The safety advice is the UK’s and Canada’s, read on 24 September 2026. We found no public source that rates individual venues or neighbourhoods, so this page doesn’t either.
The law at a glance
| Question | Answer | Source |
|---|---|---|
| Are same-sex relationships legal? | Yes | UK FCDO; Government of Canada |
| Same-sex marriage? | No. Marriage is between “un hombre y una mujer” | Código Civil, Art. 78 |
| Same-sex common-law union (unión de hecho)? | No. Defined as “de un hombre y de una mujer” | Código Civil, Art. 173 |
| Recognition of a same-sex marriage from abroad? | No. “Same-sex marriages are not recognised in Guatemala” | UK FCDO |
| Law specifically guaranteeing freedom from discrimination on sexual orientation? | None, per the UK FCDO (read 24 September 2026) | UK FCDO |
| Anti-discrimination rule for public officials? | Yes, executive branch only — sexual orientation and gender identity are listed grounds | Acuerdo Gubernativo 62-2024, Art. 9 |
Marriage and the unión de hecho
Guatemala has two ways for a couple to be legally recognised, and the Código Civil limits both to a man and a woman:
- Marriage. Article 78 says: “El matrimonio es una institución social por la que un hombre y una mujer se unen legalmente”.
- Unión de hecho. This is Guatemala’s version of a common-law union. Article 173 says: “La unión de hecho de un hombre y de una mujer con capacidad para contraer matrimonio, puede ser declarada por ellos mismos ante el alcalde de su vecindad o un notario”. The article also requires a shared home and a life in common kept up for more than three years.
So a same-sex couple cannot marry or declare a union in Guatemala. The UK Foreign Office adds that a same-sex marriage celebrated abroad is not recognised either. For how Guatemala records a foreign opposite-sex marriage, see our page on marriages abroad.
Residency: what a same-sex couple can and cannot use
This is the part of the law that decides how a couple moves here.
The route that is closed. The Código de Migración (Decreto 44-2016), Article 78 b), gives permanent residence (subject to the other legal requirements) to people who have been married to a Guatemalan, or in a declared unión de hecho with one, for a year or more. Because the Civil Code limits both to a man and a woman, a same-sex partner of a Guatemalan cannot use it.
The routes that stay open. Each partner can apply on their own merits. The Código de Migración’s residency categories include workers, pensioners (pensionados), people with foreign income (rentistas) and investors. See our work permit guide for the worker route.
The open question. Article 27 of the Código de Migración covers the family of a foreign migrant worker. It lets their dependants settle, and adds: “Asimismo, el cónyuge o la persona conviviente del trabajador migrante.” The Código doesn’t define persona conviviente in the articles we read. We found no guidance from the Instituto Guatemalteco de Migración (IGM) on whether a same-sex partner qualifies, so we won’t say they do or don’t. Ask a Guatemalan immigration lawyer before planning around it.
Discrimination: what protection exists
The UK Foreign Office’s Guatemala page (read 24 September 2026) says no law specifically guarantees freedom from discrimination on the grounds of sexual orientation. Its words: same-sex activity is legal “although there are no laws guaranteeing freedom from discrimination on the grounds of sexual orientation.”
One narrow rule does exist. Acuerdo Gubernativo 62-2024, the Código de Ética del Organismo Ejecutivo, was signed on 19 April 2024 and published in the Diario de Centro América on 22 April 2024. Its Article 9 defines non-discrimination as the right to equal treatment without distinction based on, among other grounds, “orientación sexual, identidad de género”. Its Article 2 applies it to public servants of the executive branch, its contractors and people linked to it.
What that means in practice: a ministry official dealing with your paperwork is bound by it. A landlord, employer, bank or hotel is not. We found no law extending it to private life.
The 2022 “family protection” law that was archived
Congress approved Decreto 18-2022, the Ley para la Protección de la Vida y la Familia. The bill had been filed in 2017 as initiative 5272. Agencia Presentes reported that it prohibited same-sex marriage and banned teaching about sexual diversity in schools.
It never took effect. On 15 March 2022 Congress approved legislative agreement 6-2022, which archived the decree. Agencia Presentes reported 119 deputies in favour, 15 against and 26 absent. República reported the same 119 votes, and that President Giammattei had asked for the decree to be archived and said he would otherwise veto it.
These accounts come from the press, not from the gazette text. What matters today: the Civil Code definitions above are the law in force, and Decreto 18-2022 is not.
Safety: what the UK and Canada advise
| UK Foreign Office | Government of Canada | |
|---|---|---|
| Legal status | “Same sex sexual activity is not illegal” | “Guatemalan law doesn’t criminalize sexual acts or relationships between individuals of the same sex.” |
| Attitudes | “In Guatemala City, local people are largely tolerant of LGBT+ people. Outside Guatemala City, attitudes are more conservative.” | “2SLGBTQI+ persons could be discriminated against based on their sexual orientation, gender identity, gender expression, or sex characteristics.” |
| Violence | “Showing affection in public may bring verbal and physical attacks, harassment and discrimination.” | “Acts of violence have been committed against 2SLGBTQI+ persons.” |
| Advice | Read the UK’s general advice for LGBT+ travellers | “Avoid public displays of affection.” |
Both are read from each government’s Guatemala page on 24 September 2026. For the general crime picture, see our safety page. For the Lake Atitlán routes and trails, see Is Lake Atitlán safe?.
If you are moving here as a couple: a checklist
- Plan two residency files, not one. Each partner needs an independent basis, such as work, pension, income or investment.
- Don’t count on a foreign marriage certificate for immigration, property or inheritance purposes. The UK FCDO says it is not recognised.
- Ask a Guatemalan notary about property, inheritance and medical decisions. The couple cannot marry or declare a union here, so the rights the Civil Code ties to those two statuses are not available to them. What a will, a power of attorney or a co-ownership deed can cover is a question for the notary.
- Read the UK and Canadian advice above on public affection before you travel outside Guatemala City.
Related
- Work permit for foreigners in Guatemala
- How Guatemala recognises a marriage performed abroad
- Guatemala safety: homicide rates by department
- Is Lake Atitlán safe?
Sources
- Código Civil de Guatemala (Decreto-Ley 106), Arts. 78 and 173 — OAS copy: https://www.oas.org/dil/esp/Codigo_Civil_Guatemala.pdf — read 2026-09-21.
- Código de Migración (Decreto 44-2016), Arts. 27 and 78 — Congreso de la República text — read 2026-09-16.
- Acuerdo Gubernativo 62-2024, Código de Ética del Organismo Ejecutivo — Diario de Centro América, 22 April 2024, as hosted by INAP: https://inap.gob.gt/web/wp-content/uploads/2021/11/Codigo-de-Etica-del-Organismo-Ejecutivo-Acuerdo-62-2024.pdf — read 2026-09-24 (image-only PDF, read from the page images).
- UK Foreign, Commonwealth & Development Office — Guatemala: Safety and security (LGBT+ travellers): https://www.gov.uk/foreign-travel-advice/guatemala/safety-and-security — read 2026-09-24.
- Government of Canada — Travel advice and advisories: Guatemala: https://travel.gc.ca/destinations/guatemala — read 2026-09-24.
- Agencia Presentes (18 March 2022) and República (15 March 2022) on the archiving of Decreto 18-2022 — read 2026-09-24.
This page describes the law; it is not legal advice. Information current as of 24 September 2026.
Frequently Asked Questions
Is it legal to be gay in Guatemala?
Yes. The UK Foreign Office says same-sex sexual activity is not illegal, and Canada’s travel advice says Guatemalan law doesn’t criminalize sexual acts or relationships between people of the same sex. Both governments add that there is discrimination. The UK Foreign Office’s Guatemala page (read 24 September 2026) puts it this way: no law specifically guarantees freedom from discrimination on the grounds of sexual orientation.
Is same-sex marriage legal in Guatemala?
No. Article 78 of the Código Civil defines marriage as an institution by which a man and a woman unite legally, and Article 173 defines the unión de hecho (the common-law union) the same way. The UK Foreign Office states that same-sex marriages are not recognised in Guatemala.
Can my same-sex partner get residency in Guatemala through me?
Not through the marriage route. The Código de Migración (Art. 78 b) gives permanent residence (subject to the other legal requirements) to someone married to, or in a declared unión de hecho with, a Guatemalan for a year or more, and the Civil Code limits both to a man and a woman. Each partner can still qualify on their own, for example as a worker, a pensioner or an investor. One open question: Article 27 lets the ‘persona conviviente’ of a foreign migrant worker settle, without defining the term. We found no IGM guidance on it; ask a Guatemalan immigration lawyer before relying on it.
Is Guatemala safe for LGBTQ+ travellers?
The UK Foreign Office says local people in Guatemala City are largely tolerant of LGBT+ people, that attitudes are more conservative outside the capital, and that showing affection in public may bring verbal and physical attacks, harassment and discrimination. Canada says acts of violence have been committed against 2SLGBTQI+ persons and advises avoiding public displays of affection.
Did Guatemala pass a law against same-sex marriage in 2022?
Congress approved Decreto 18-2022, the Ley para la Protección de la Vida y la Familia, and then archived it. On 15 March 2022 it approved legislative agreement 6-2022 archiving the decree, with 119 votes in favour, as reported by Agencia Presentes and República. The President had asked Congress to archive it and said he would otherwise veto it.
Is there an anti-discrimination law that protects LGBTQ+ people?
Not for private life. The UK Foreign Office’s Guatemala page, read 24 September 2026, says no law specifically guarantees freedom from discrimination on the grounds of sexual orientation. Inside the executive branch, Acuerdo Gubernativo 62-2024 (the executive’s ethics code, April 2024) lists sexual orientation and gender identity among the grounds of discrimination public servants must avoid. It binds public servants and contractors of the executive, not employers, landlords or businesses.
