Same-Sex Marriage in Nepal: Legal Status, Process & Rights (2026)

Nepal made history in 2023 by becoming the first country in South Asia to register a same-sex marriage. That single registration — between Maya Gurung and Surendra Pandey — changed the legal landscape for LGBTQ+ couples across the region. But the legal reality in 2026 is more complex than that headline suggests. Same-sex marriage in Nepal exists in a space between Supreme Court directives and a Civil Code that still uses gendered language. This guide explains exactly where the law stands today, what rights same-sex couples have, and what the registration process looks like for couples considering court marriage in Nepal.

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Nepal's LGBTQ+ Rights: How We Got Here

Nepal's journey toward recognising same-sex relationships did not begin in 2023. It started nearly two decades earlier, through a series of landmark court decisions and constitutional developments that made Nepal one of the most progressive countries in South Asia on paper — even if implementation has lagged behind.

The 2007 Supreme Court Decision

The foundation was laid in 2007 when the Supreme Court of Nepal ruled in Sunil Babu Pant and Others v. Nepal Government. This was a historic case brought by Sunil Babu Pant, founder of the Blue Diamond Society, challenging discrimination against LGBTQ+ citizens. The Court ruled that:

• The government must end all discriminatory laws against sexual and gender minorities
• LGBTQ+ citizens have the same fundamental rights as all Nepali citizens
• The government should form a committee to study same-sex marriage and recommend legislation

This ruling placed Nepal ahead of every other South Asian nation on LGBTQ+ rights — but the committee's recommendations were never fully implemented.

The 2015 Constitution and Article 18

Nepal's 2015 Constitution (2072 BS) strengthened the legal foundation. Article 18 guarantees the right to equality and prohibits discrimination on multiple grounds. While it does not explicitly mention sexual orientation, the Supreme Court has interpreted the equality guarantee to cover LGBTQ+ citizens. Article 12 provides citizenship rights without gender-based restrictions.

However, the Constitution did not explicitly legalise same-sex marriage. This gap between constitutional rights and specific marriage legislation is at the heart of the current legal uncertainty.

The 2023 Interim Order — The Breakthrough

In June 2023, the Supreme Court issued an interim order directing the government to create a mechanism for registering same-sex marriages. The Court found that denying marriage registration to same-sex couples violated their constitutional right to equality. The order specified that:

• District Courts must accept marriage registration petitions from same-sex couples
• A separate register would be maintained for same-sex marriages until full legislation is enacted
• The arrangement is temporary — pending a final verdict from a full bench

This was not a law passed by Parliament. It was a judicial directive — an important distinction that affects the legal weight and permanence of the registrations.

The First Same-Sex Marriage Registration in Nepal

On 29 November 2023, Maya Gurung and Surendra Pandey became the first same-sex couple to have their marriage officially registered in Nepal. The registration took place at the Dordi Rural Municipality office in Lamjung District.

This made Nepal the first country in South Asia and only the second in Asia (after Taiwan) to formally register a same-sex marriage. The moment was historic — but the legal reality behind the registration certificate is more nuanced than many international news reports suggested.

What the Registration Certificate Means — and Does Not Mean

In our experience advising couples on marriage registration, this gap between having a certificate and having enforceable rights is the most common source of confusion. The certificate proves that a marriage was registered — but the rights that normally flow from marriage under the Muluki Civil Code 2074 are not automatically extended to same-sex couples.

Current Legal Status of Same-Sex Marriage in Nepal (2026)

As of April 2026, same-sex marriage in Nepal occupies a legal grey zone. Here is the precise status:

• Registration: Possible under the 2023 Supreme Court interim order
• Number registered: Over 17 same-sex marriages registered at various District Courts and local offices since November 2023
• Legislation: No specific same-sex marriage law has been enacted by Parliament
• Civil Code: The Muluki Civil Code 2074 still uses gendered language — Section 67 refers to marriage between "a man and a woman"
• Supreme Court final verdict: Pending — the interim order remains in effect until the full bench rules
• Government action: No Civil Code amendment bill has been introduced as of 2026

This means that same-sex couples can register their marriage — but the legal protections that come with that registration are limited compared to what opposite-sex married couples receive under the Civil Code.

The Civil Code Problem

The core legal tension is straightforward. The Muluki Civil Code 2074 — Nepal's primary civil law — defines marriage using gendered terms throughout Part 3 (Sections 67–84). The Supreme Court's interim order effectively overrides this language for registration purposes, but it cannot rewrite the statute. Only Parliament can amend the Civil Code to make the language gender-neutral.

Until that happens, same-sex couples face an inconsistency: their marriage is registered, but many of the legal rights tied to marriage — property inheritance under marriage law in Nepal, spousal maintenance, and family court protections — reference "husband" and "wife" in ways that may not apply.

How Same-Sex Couples Register Marriage in Nepal

The registration process for same-sex couples follows a similar path to standard court marriage, but with important differences in how the application is processed.

Step-by-Step Process

1. Consult a lawyer — Given the evolving legal landscape, professional legal advice is essential before filing
2. Prepare documents — Gather all required identity and eligibility documents (see list below)
3. File a petition — Submit a marriage registration petition at the District Court or local government office
4. Court review — The court reviews the petition under the Supreme Court's interim order framework
5. Registration — If approved, the marriage is registered in a separate register maintained for same-sex marriages
6. Certificate issued — A marriage registration certificate is issued

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Important Differences from Standard Court Marriage

Unlike a standard court marriage process in Nepal, same-sex marriage registration involves additional steps because there is no specific legislation governing it. Courts rely on the Supreme Court's interim order as the legal basis, which means:

• Processing times may vary significantly between districts
• Some local offices may be unfamiliar with the process
• Legal representation is strongly recommended to navigate procedural uncertainties
• The registration may require referencing the specific Supreme Court order

Documents Required for Same-Sex Marriage Registration

The documentary requirements are similar to standard marriage registration, with some additional considerations:

For Nepali Citizens

• Nepali citizenship certificate (nagarikta) of both parties
• Recent passport-size photographs (4 copies each)
• Birth certificates or age-verification documents
• Relationship status declaration (unmarried, divorced, or widowed)
• Ward Office character certificate
• A copy of the Supreme Court interim order (recommended)

For Foreign Nationals

If one or both partners are foreign nationals, additional documents include:

• Valid passport with Nepal visa
• No Objection Certificate (NOC) from the respective embassy — note: many embassies do not issue NOCs for same-sex marriages, which creates a practical barrier
• Affidavit of eligibility to marry
• Documents authenticated through the full legalisation chain (Nepal is not a Hague Apostille Convention member)

Foreign same-sex couples face an additional challenge: their home country may not recognise the Nepal marriage certificate, especially if same-sex marriage is not legal in their home jurisdiction. This does not prevent registration in Nepal, but it limits the certificate's international utility. For foreign couples, consult our guide on court marriage with a foreigner in Nepal.

Rights of Same-Sex Married Couples in Nepal

This is where the legal gap becomes most apparent. While registration is possible, the rights that flow from it are limited.

Rights That Are Recognised

• Proof of relationship: The certificate serves as official documentation of the relationship
• Individual property rights: Both partners retain their individual property rights (this applies to all individuals regardless of marital status)
• Constitutional protections: Anti-discrimination protections under Article 18 of the Constitution

Rights That Remain Uncertain or Unavailable

• Spousal inheritance: The Civil Code's inheritance provisions use gendered language — enforcement for same-sex spouses is untested
• Joint property: Family property provisions under the Civil Code reference "husband and wife"
• Spousal maintenance: Maintenance (alimony) provisions may not apply
• Adoption: No clear legal pathway for joint adoption by same-sex couples
• Spousal visa: Immigration benefits for foreign spouses are linked to gendered provisions
• Tax benefits: Joint tax filing is not available
• Medical decisions: Next-of-kin recognition in hospitals is inconsistent

Couples seeking to protect their shared interests should consider supplementary legal arrangements — such as joint property agreements, powers of attorney, and wills — to fill the gaps that the current legal framework leaves open.

International Same-Sex Couples in Nepal

Nepal's same-sex marriage registration has drawn interest from international couples, particularly from South Asian countries where same-sex marriage remains illegal. Here is what international couples should know:

Can Foreign Same-Sex Couples Marry in Nepal?

In principle, yes — the Supreme Court's interim order does not restrict registration to Nepali citizens only. However, practical challenges include:

• Embassy NOC: Many embassies will not issue a No Objection Certificate for same-sex marriages. Without an NOC, the registration process becomes significantly more difficult
• Home country recognition: A Nepal marriage certificate for a same-sex couple will not be recognised in countries where such marriages are illegal
• Document authentication: Nepal requires full legalisation (not apostille) for foreign documents, adding time and complexity

Countries Where the Nepal Certificate May Be Recognised

The Nepal same-sex marriage certificate is most likely to be recognised in countries that already have their own same-sex marriage legislation — including the United States, Canada, the United Kingdom, Australia, most EU member states, and Taiwan. However, recognition depends on each country's specific laws regarding marriages performed abroad.

For couples from countries where same-sex marriage is not legal — including India, Pakistan, Bangladesh, and most Middle Eastern nations — the Nepal certificate will not create legal recognition in the home country.

Nepal vs Other Asian Countries: LGBTQ+ Marriage Rights

Nepal's position is unique — ahead of most Asian countries on judicial recognition, but behind Taiwan and Thailand on legislative action.

Ongoing Challenges and What Comes Next

Despite the progress, several significant challenges remain for same-sex couples in Nepal:

Legal Challenges

• No Parliamentary legislation: The Supreme Court interim order is not a substitute for a proper law. Parliament has not introduced a Civil Code amendment bill
• Gendered statutory language: Until the Civil Code is amended, many spousal rights remain inaccessible to same-sex couples
• Pending final verdict: The full bench Supreme Court ruling could either strengthen or restrict the current interim arrangement

Practical Challenges

• Inconsistent implementation: Not all District Courts and local offices process same-sex marriage registrations with the same understanding or willingness
• Social acceptance: While legal protections exist on paper, social attitudes — particularly in rural areas — can create barriers
• International recognition: The temporary nature of the registration raises questions about its validity for visa applications and immigration processes abroad

What to Watch For

• The Supreme Court full bench verdict — this will determine whether the interim order becomes permanent
• Any Civil Code amendment bill introduced in Parliament
• Implementation guidelines from the Ministry of Home Affairs for local registration offices

Nepal's LGBTQ+ Rights Timeline

Why Legal Advice Matters for Same-Sex Couples

Given the evolving and uncertain legal framework, same-sex couples — whether both Nepali or involving a foreign partner — should not attempt marriage registration without professional legal guidance. The reasons are practical:

• The registration process varies between districts and may require citing the specific Supreme Court order
• Supplementary legal protections (wills, powers of attorney, joint property agreements) are essential to fill gaps in statutory rights
• For international couples, understanding how the Nepal certificate interacts with home country law is critical
• The legal landscape is actively changing — what is possible today may expand or contract depending on the pending Supreme Court verdict

Our lawyers have handled complex marriage registrations for over 2,000 couples from 50+ countries. We understand both the legal requirements and the practical realities of the current system.

Conclusion

Nepal's recognition of same-sex marriage — even in its current interim form — represents a landmark moment for LGBTQ+ rights in South Asia. The 2023 Supreme Court interim order opened a door that had been closed across the entire region. But the work is not complete. The temporary nature of the registrations, the gendered language of the Civil Code, and the pending full bench verdict all mean that same-sex couples in Nepal are navigating a legal system that is still catching up to the court's direction.

For couples who want to register their marriage or understand their rights, professional legal advice is not optional — it is essential. The law is changing, and having a lawyer who tracks these developments ensures you make informed decisions.

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