LGBT rights in Niue

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StatusLegal since 2007[1]
Discrimination protectionsNo
Family rights
Recognition of relationshipsNo

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]


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 Māngere, 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[edit]

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[edit]

Same-sex unions are not recognized (even though they are in New Zealand).[1]

Living conditions[edit]

Much like the rest of Polynesia, open displays of affection between partners regardless of sexual orientation may offend.[5]

Summary table[edit]

Same-sex sexual activity legal Yes (Since 2007)
Equal age of consent Yes (Since 2007)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve openly in the military Yes (New Zealand's responsibility)
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[edit]