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Same-sex marriage in Brazil


Same-sex marriage has been legal in Brazil since 16 May 2013, following the National Justice Council decision, which orders notaries of every state to perform same-sex marriages.

Same-sex unions had already been legally recognized since 2004. Following a ruling of the Supreme Court of Brazil, so-called stable unions (Portuguese: união estável) had been available for same-sex couples since May 2011. These unions were granted most of the rights of marriages, including adoption, welfare benefits, pension, inheritance tax, income tax, social security, health benefits, immigration, joint property ownership, hospital and prison visitation, IVF and surrogacy. This decision paved the way for future legislation on same-sex matrimonial rights. Before the nationwide legislation, Alagoas,Bahia,Ceará, Espírito Santo, the Federal District, Mato Grosso do Sul, Paraíba, Paraná,Piauí, Rondônia, Santa Catarina, Santa Rita do Sapucaí (MG),São Paulo, and Sergipe had already allowed same-sex marriages and several unions were converted into full marriages by state judges. In Rio de Janeiro, same-sex couples could also marry but only if local judges agreed with their request.


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