Recognition of same-sex unions in Bolivia

In April 2012, Erica Claure, a member of the opposition coalition, the Plan Progress for Bolivia – National Convergence, introduced a bill to the Plurinational Legislative Assembly to legalize same-sex civil unions.

[2] Lawyer and LGBT activist Víctor Hugo Vidangos indicated that the bill would have granted civil partners equal rights to married couples in terms of inheritance, social security, next of kin, labor law and health care benefits; "We are asking for civil rights, we do not touch religious issues because we are in a secular state", said Hugo Vidangos.

[6] In August 2012, Senator Hilda Saavedra from the governing MAS party introduced another civil union bill, citing Article 14(II) of the Bolivian Constitution which prohibits discrimination on the basis of sexual orientation.

[10] The Family Code makes no mention of gender, but it has been clarified that it has no legal weight to apply to same-sex couples;[11] article 147 states that free unions and marriages are valid "provided they meet the conditions established in the Political Constitution".

[12] In April 2015, Vice President Álvaro García Linera stated that a discussion on the legalisation of same-sex unions would happen "sooner rather than later".

This statement was followed by the president of the Chamber of Senators, José Alberto Gonzales, announcing his support for discussing the issue: "If they love each other, what is the [problem]?".

[16] On 5 October 2018, David Aruquipa Pérez and Guido Montaño Durán applied to formalise their 9-year-old relationship as a free union at a Civil Registry Service (SERECI) office in La Paz.

In September 2019, the SERECI issued a resolution affirming the rejection, and on 10 February 2020 the couple filed a lawsuit challenging the refusal, invoking violations of human rights and Article 256 of the Constitution.

[17] On 9 December 2020, the SERECI reversed its position and issued "Resolution 003/2020", ordering the registration of the free union of Aruquipa Pérez and Montaño Durán.

[25] On 27 May 2022, a third same-sex couple, Diego Figueroa and David Corchero, was able to formalize their free union by registering their relationship with a SERECI office in Santa Cruz de la Sierra, also after more than a year of waiting.

[32] Article 63(I) of the Constitution of Bolivia states that: Marriage between a woman and a man is formed by legal bond and is based on equality of the rights and duties of the spouses.

[40] The Family Code approved by the Legislative Assembly in 2014 is written in gender-neutral terminology, However, article 147 states that marriages and free unions are valid "provided they meet the conditions established in the Political Constitution".

(...) in accordance with articles 1.1, 2, 11.2, 17, and 24 of the American Convention, it is necessary to guarantee access to all the existing figures in domestic legal systems, including the right to marry.