On January 9th, 2018, the Inter-American Court of Human Rights (IACHR) responded to an advisory opinion presented by the government of our country and ordered that Costa Rica should guarantee access to the LGTBIQ + population of the same-sex marriages “to all figures already existing in the internal legal systems, including the right to marriage, to ensure the protection of all the rights of families made up of same-sex couples ”.

As a result of that ruling, there were a series of questions from many sectors, including politicians and religious leaders, which even polarized the 2018 presidential elections. The ruling also caused that after almost eight months of deliberation, the Constitutional Chamber, by means of a resolution of an unconstitutionality action, subsection 6) of article 48 of the Family Code, which prohibited same-sex marriage, was declared unconstitutional, declared this action to be valid and ordered the Congress to approve the necessary legislation to legalize same-sex marriage within a maximum period of 18 months; otherwise, the provisions of the Court must be directly observed, thus legalizing same-sex marriage in our country.

18 months have passed since the order the Constitutional Chamber gave to the Congress and they have not worked on specific legislation on this issue. Therefore, as of May 26, 2020, same-sex marriage will be a reality in our country.

Costa Rica is the 29th country that allows and legislates same-sex marriage, which will mark a before and after for LGTBIQ + groups and also for Costa Rican family law, since, as a result of this event, we will be facing never before seen situations, such as marriage and divorces between people of the same sex, which must be processed under the same procedures and formalities established by our regulations for heterosexual couples.

The Civil Registry must also modify what is necessary in its systems so that the registration of these marriages is a possibility, because as of now it is impossible to register a marriage between people of the same sex. This change will be for all systems related to marriage and must be enabled for this purpose as of May 26th, 2020, day when same-sex marriages is officially legal.

This is a subject that has divided the country, what we must understand is that from May 26th it will be a reality and we must incorporate it into our daily lives. For this sector of the population it has been a struggle of many years, that finally their rights will be recognized.

If you require advice on marriage issues or on any other matter of Family Law, ERP Lawyers offers you a specialized team in these matters. Do not hesitate to contact us.