Yes, LGBT people in Spain are fully legal and protected by law. Same-sex marriage has been allowed since 2005 and gives the same rights as any other marriage: spouses can adopt children together, inherit from each other and move as a family. Discrimination on the grounds of sexual orientation and gender identity is prohibited, including against foreigners without a residence permit. For moving, this means something simple: a same-sex couple gets a residence permit on the same grounds as any other couple, and a partner can be included in the application even without marriage.
LGBT rights in Spain: table
| Right | How it works in Spain | Law |
|---|---|---|
| Same-sex marriage | Allowed since 3 July 2005, with the same requirements and effects as a marriage between a man and a woman | Law 13/2005 |
| Adoption | Spouses adopt jointly; a spouse can adopt the other spouse’s child | Civil Code, art. 175 |
| Children in female couples | A child can be registered to both mothers, including without marriage | Law 4/2023 |
| Changing the sex marker | From 16 on application, with no medical or psychological reports; from 14 with legal guardians, from 12 through a court | Law 4/2023, arts. 43–44 |
| “Conversion therapy” | Banned | Law 4/2023, art. 17 |
| Protection from discrimination | Sexual orientation, gender identity and gender expression are protected characteristics, regardless of nationality and legal residence status | Law 15/2022, art. 2 |
| Asylum | Persecution because of sexual orientation or gender identity is a ground for refugee status | Law 12/2009, arts. 3 and 7 |
The key rule for families is written in the Civil Code in a single sentence: marriage has the same requirements and effects whether the spouses are of the same or of different sex. There is no separate “same-sex” regime, so everything Spanish law grants to a spouse — inheritance, a survivor’s pension, family grounds for a residence permit — is also granted to a spouse in a same-sex couple.
Law 4/2023 on the equality of trans people and the rights of LGBTI people made it possible to change the sex marker in the Civil Registry without medical or psychological reports. It also banned “conversion” practices targeting orientation and identity and made it easier to register children in families of two women. If you need protection from threats or violence, the procedure is explained in the article on how support for victims works in Spain.
How an LGBT couple can move to Spain
Spanish immigration law makes no distinction between same-sex and opposite-sex families. What it does distinguish is the ground for the residence permit and how your relationship is formalised. Below are four working routes; all the grounds for moving are collected in the article Moving to Spain: where to start.
Digital nomad residence permit as a couple
The most common route for couples where at least one partner works remotely for a foreign company or clients. The Entrepreneurs Law 14/2013 allows you to apply together with a spouse or a “person in an analogous relationship”, so marriage is not required: an unregistered partner is included if the relationship is supported by documents. The income threshold for the main applicant is €2,849 a month, and for a couple €3,918. Requirements, documents and timelines are in the guide Digital nomad visa in Spain.
Partner of an EU citizen
If one of you is a citizen of another EU country and lives in Spain, the other gets a residence card as a family member of an EU citizen. Under Royal Decree 240/2007, a marriage qualifies, as does a partnership entered in a public register of an EU or EEA country. The spouse of a Spanish citizen can apply for citizenship after living in Spain for one year while married — see the article Spanish citizenship by marriage.
If your relationship is not registered
For couples from countries where same-sex marriage is impossible, there are two options. The first is to marry before applying in a country where it is allowed: such a marriage is proven with an apostilled certificate and a sworn translation. The second is to register a pareja de hecho, a partnership under the rules of the autonomous community. But this is a tool for after the move: regions usually require municipal registration (empadronamiento). How one couple proved their relationship this way is shown in the case study pareja de hecho instead of marriage.
What evidence works without marriage: a joint rental agreement or property, joint accounts and regular shared expenses, a shared address over different years, trips together, messages and photos over a long period. Continuity is what counts: documents spread evenly over several years are more convincing than a pile of papers from the last month.
Next steps: permanent residence and citizenship
After five years of legal residence you can obtain permanent residence in Spain, and after ten years, citizenship. For people granted refugee status, the residence period for citizenship is reduced to five years.
Asylum in Spain for LGBT people
Asylum Law 12/2009 explicitly lists sexual orientation and sexual identity among the reasons for persecution that give the right to refugee status: such people are considered a “particular social group”. The application is filed on Spanish territory or at a border crossing point.
For Russian citizens, a strong argument is the ruling of the Russian Supreme Court of 30 November 2023 declaring the “international LGBT movement” extremist. But the decision is based on the personal story: how consistently a person describes themselves and the risk to them personally. The general situation in the country is not enough.
Two caveats before applying. If you entered the Schengen area on a visa issued by another country, that country usually examines the application. And asylum changes your relationship with your home country: travelling there or contacting its consulate puts the status at risk. If you are safe and have remote income, the digital nomad residence permit is usually the more reliable option.
How Spain treats LGBT people
In big cities, a same-sex couple holding hands in the street surprises no one. The centre of LGBT life is Madrid and its Chueca neighbourhood, where the city’s MADO Pride takes place every summer. In Barcelona the community is concentrated in the Eixample district, and the resorts of Sitges, Torremolinos and Maspalomas on Gran Canaria are known as LGBT-friendly all year round. In small towns and rural areas the law works the same way, but the environment is more conservative.
Legal protection does not eliminate everyday homophobia: hate crimes based on sexual orientation are recorded in Spain every year, and the police keep separate statistics on them. Where the openness of society in general comes from is discussed in the article on the Spanish mentality. To choose where to live, see the articles on moving to Madrid and to Valencia, and to compare with a neighbour, the article LGBT in France.
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Frequently asked questions
Is being LGBT legal in Spain?
Yes. Same-sex marriage has been allowed since 2005, discrimination on the grounds of sexual orientation and gender identity is prohibited by law, and since 2023 the sex marker can be changed on application from the age of 16 without medical reports.
How does Spain treat LGBT people?
Calmly, especially in big cities: Madrid and Barcelona have large communities and Pride events, and same-sex couples live openly. In rural areas the environment is more conservative, but the law protects people equally throughout the country.
Can I get asylum in Spain as an LGBT person?
Yes. Law 12/2009 recognises persecution because of sexual orientation or gender identity as a ground for refugee status. What decides is the personal story and how well it is supported by evidence, and the application is usually examined by the country whose visa you used to enter the Schengen area.
Does Spain recognise a same-sex marriage concluded abroad?
Yes, if the marriage was lawfully concluded in a country where it is allowed. For the immigration procedure you need an apostilled marriage certificate and a sworn translation into Spanish.
Can I move with my partner on a digital nomad residence permit without being married?
Yes. Law 14/2013 allows a person in a relationship analogous to marriage to be included in the application. The relationship must be supported by documents: a shared address, accounts, trips, messages over a long period.
How much does a couple need to earn for a digital nomad residence permit?
The main applicant needs from €2,849 a month before tax, and a couple from €3,918. The income must be regular and supported by documents.
After how many years can you get Spanish citizenship?
As a general rule after ten years of legal residence; after being granted refugee status, after five; for the spouse of a Spanish citizen, after one year of living in Spain while married.
Official sources
- Law 13/2005 amending the Civil Code with regard to the right to marry
- Law 4/2023 on the real and effective equality of trans people and the guarantee of LGBTI rights
- Law 15/2022 on equal treatment and non-discrimination
- Law 12/2009 on the right to asylum and subsidiary protection
- Law 14/2013 on support for entrepreneurs, articles 61–62
- Royal Decree 240/2007 on family members of EU citizens
- Civil Code, articles 44, 175 and 22
- LGBT rights in Spain: table
- How an LGBT couple can move to Spain
- Asylum in Spain for LGBT people
- How Spain treats LGBT people
- Frequently asked questions
- Is being LGBT legal in Spain?
- How does Spain treat LGBT people?
- Can I get asylum in Spain as an LGBT person?
- Does Spain recognise a same-sex marriage concluded abroad?
- Can I move with my partner on a digital nomad residence permit without being married?
- How much does a couple need to earn for a digital nomad residence permit?
- After how many years can you get Spanish citizenship?
- Official sources