LGBT rights in Niue

Lesbian, gay, bisexual, and transgender (LGBT) persons in Niue may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Niue, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.[1]

LGBT rights in Niue
StatusLegal since 2007[1]
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo
AdoptionNo

History

Similarly to the Cook Islands, Samoa and New Zealand, Niue possesses a traditional third gender population: the fiafifine (also known as the fakafifine). They have traditionally been accepted by Niuean society,[2][3] and would play an important domestic role in communal life.

In 2007, during a gathering of delegates from around the Pacific in Mangere, New Zealand, a local fiafifine called out the discrimination and stigma faced by the fiafifine community: "Our communities were an accepted part of Pacific life and culture prior to Western colonisation, but have been subject to much stigma and discrimination in more recent times."[4]

Legality of same-sex sexual activity

Same-sex sexual activity is legal in Niue. Even though Niue is a part of the Realm of New Zealand, homosexuality has only been legal since 2007 (while in New Zealand it has been legal since 1986).[1]

Recognition of same-sex relationships

Same-sex unions are not recognized (even though they are in New Zealand).[1] The Family Law Code 2007 does not expressly prohibit same-sex marriages, but generally assumes the parties to be of the opposite sex. The law forbids marriages within the degrees of consanguinity and marriages where the wife is less than 15 years of age and the husband less than 18 years of age, but makes no mention of same-sex partners. Marriages are recorded by the Registrar of the High Court (Letititala he Fakafiliaga Lahi), or any minister of religion or other person who has been appointed as a marriage officer.[5]

Living conditions

Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.[6]

Summary table
Same-sex sexual activity legal (Since 2007)
Equal age of consent (Since 2007)
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
LGBT people allowed to serve openly in the military (New Zealand's responsibility)
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References
  1. State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 19 July 2013 at WebCite
  2. p. 1. Defining gender diversity
  3. Frequently Asked Questions: Sexual orientation, gender identity and intersex status in the Pacific
  4. Pacific Island Sexual Minority Gathering
  5. "Family Law Code 2007". paclii.org. Retrieved 14 May 2020.
  6. Lonely Plant, lesbian travel in the South Pacific
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