Puerto Rico

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Know the laws in your state that protect LGBT people and people living with HIV.

Victory! Court Tells Puerto Rico to Issue Accurate Birth Certificates for Transgender Puerto Ricans

A federal court has struck down a policy that prevented transgender people born in Puerto Rico from correcting the gender marker on their birth certificates. Learn more »

Workplace

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YES

Does Puerto Rico law protect employees in the private sector from discrimination on the basis of sexual orientation?

YES

Does Puerto Rico law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

YES

Does Puerto Rico law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

YES

Does Puerto Rico law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

Discrimination on the basis of HIV status is prohibited under Puerto Rican law. See 1 L.P.R.A §521, and 1 L.P.R.A § 522, et. seq. (“Bill of Rights for Carriers of HIV/AIDS” establishing affirmative rights for persons living with HIV).

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

Parenting

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Who may adopt?

Different-sex married couples adopting jointly, and unmarried (single) individuals, regardless of sexual orientation. There is no express prohibition on adoption by an LGBT individual. See Puerto Rico Civil Code, Annotated Laws of Puerto Rico Title 31, § 531 & Title 31, § 534; see also Perez v. Proc. Esp. Rel. de Fam., 148 D.P.R. 201 (1999) (only different-sex married couples may adopt jointly).

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Second parent adoptions:

Not permitted. See Ex Parte A.A.R., 2008 WL 4673279 (T.C.A. Aug. 29, 2008) (denying same-sex second-parent adoption) (case pending before the Supreme Court of Puerto Rico).

See Molina v. Irizarry, 136 D.P.R. 259 (1994) (non-precedential judgment allowing lesbian mother to retain custody of 5-year old child though father challenged custody on basis of mother’s sexual orientation).