National

Consensual sex between same-sex couple aged 16 is lawful. The minimum age is reduced to 12 if the ages of the participants are less than 4 years apart

The Dutch Criminal Code provides -

Article 245:

"A person who, out of wedlock, with a person who has reached the age of twelve (12) but not yet sixteen (16), performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of the fifth category";

Article 247:

"A person who, with a person whom he knows to be unconscious or physically unable to resist or to be suffering from such a degree of mental defect or mental disease that he is incapable or not sufficiently capable of exercising or expressing his will in the matter or of offering resistance, performs indecent acts, or who, with a person who has not yet reached the age of sixteen (16) years, out of wedlock, performs indecent acts, or by whom the latter is enticed into performing, or submitting to such acts, out of wedlock, with a third party, is liable to a term of imprisonment of not more than six years or a fine of the fourth category." [R1.1].

Courts & Tribunals

As at December 2010, the "Safety and Quality of Bodily Material Law", which came into effect in 2003, differentiates between sperm from a spouse or partner and sperm from a 'known donor'. In heterosexual couples, the man does not need to have his sperm tested for diseases. But lesbian couples who have to use a sperm donor must have the sperm tested at a sperm bank. This also applies to single women and heterosexual couples when the man is infertile [R1.2].

In February 2000, the Dutch Committee for Equal Treatment said that three of the Netherlands' 13 IVF clinics were violating the law by refusing to treat lesbians in the belief that children should be raised by a mother and a father [R1.1].

Asylum

A relatively new addition to the list of provisions enshrined in the 1951 UN Convention that entitles a person to apply for refugee status, "sexual orientation" owes its inclusion to a growing understanding in a handful of countries that lesbians and gays constitute a distinct social group. This article has been invoked to grant asylum to lesbians and gay men in Holland [R1.6].

On 12 July 2012, the Netherlands reportedly would grant asylum to any LGBT Iraqi who can provide proof of their sexuality, after the country's Immigration Minister Geert Leers declared the entire country unsafe for gays [R1.5].

In April 2008, an unsuccessful UK asylum applicant fled to Holland and the Dutch Minister of Justice told the country's parliament that she completely trusts the UK asylum system and that the man would be returned to the UK [R1.4].

In April 2006, Immigration and Integration Minister Rita Verdonk bowed to pressure from parliament and agreed not to deport Iranian gay people and Christian converts for the time being [R1.3].

Previously:

In March 2006, Dutch immigration minister Rita Verdonk planned to cancel a six-month reprieve on sending gay and lesbian Iranian asylum seekers back to their country, a move that Human Rights Watch said would subject them to torture and possible execution [R1.2].

In January 1999, in a position paper issued to the cabinet, Iranians who have not received asylum from the Netherlands must return to Iran and that it would stop issuing temporary permits to new Iranian refugees who do not meet the asylum requirements [R1.1].

Immigration

In September 2003, unmarried or same sex partners of European Union citizens became able to accompany their partners more easily to travel or live within the 15-nation bloc under new rules endorsed by ministers [R2.1].

National

In 1998, the Netherlands recognised registered gay partnerships however, it only passed laws allowing same-sex couples to marry in December 2000 [R1.4].

The new laws came into effect on 01 April 2001 [R1.3].

Couples who do not wish to marry can still establish registered domestic partnerships [R1.2].

By January 1999, just under 2,800 same-sex couples got hitched under The Netherlands' registered partnership law in the first 10 months of its existence [R1.1].

National

In 1992, discrimination in employment based on sexual orientation was made unlawful [R1.3].

In June 2009, a leaked report from the Council of State said that religious schools can exclude LGBT teachers if their behaviour is contrary to school beliefs [R1.2].

In July 2008, Mr van der Ham, a member of the social-liberal D66 party, wanted the Dutch constitution amended to include gay people as a protected group [R1.1].

Courts & Tribunals

In April 2002, a Dutch court ruled that a Muslim cleric who denounced homosexuality as a contagious disease could not be convicted of discrimination charges because he has a constitutional right to religious freedom [R2.1].

National

On 01 April 2001, married same-sex couples gained the right to use each other's surnames, to inherit each other's property, to receive a pension in the event of a partner's death, and to adopt children [R1.2].

On 01 April 2001, same-sex couples who enter into a civil marriage have the right to regard their property as held in common with their partner, though this is not mandatory [R1.2].

Those same-sex couples who are in a registered domestic partnership may be affected differently [R1.1].

National

On 13 September 2011, a Human Rights Watch report concluded Article 28 of the Dutch civil code requiring transgender people to take hormones and undergo surgery to alter their bodies and be permanently and irreversibly sterilized before they can have their gender legally recognized on official documents was a violation of the human rights of transgender people [D1.4], [R1.3].

As at May 2008, the law recognised the "new" gender after Gender Reassignment treatment [R1.2].

In May 2001, it was reported that the Netherlands pays citizens' sex-change benefits [R1.1].

Courts & Tribunals

In October 2008, three gay men went on trial charged with picking up more than a dozen men on the Internet, drugging them and injecting them with HIV positive blood [R1.2].

In December 1998, the Independent Equal Opportunities Commission ruled that blood and sperm banks have the right to refuse to accept donations from homosexual men because they are obliged to limit as much as possible the risk of HIV infection [R1.1].

National

Consensual sex between same-sex couples has been lawful in the Netherlands since 1811 [R1.1].

Courts & Tribunals

In 1988, the Supreme Court ruled that a forced same-sex French kiss constitutes rape [R2.1].

National

In 1998, the Netherlands recognised registered gay partnerships however, it only passed laws allowing same-sex couples to marry and adopt children in December 2000.

The new laws came into effect on 01 April 2001 [R1.6].

Only Dutch citizens and/or permanent residents may marry in the country, which means in practice that one partner must be "habitually resident" in the Netherlands. However in May 2002, two foreigners were married in The Hague, one of them having rented an apartment for a few months to establish residency [R1.5].

Married same-sex couples have the right to use each other's surnames, to inherit each other's property, to receive a pension in the event of a partner's death, and to adopt children.

Married partners will be obliged to support each other financially and domestically, and may also regard their property as held in common, though this is not mandatory [R1.4].

Previously:

In September 2000, the Dutch Parliament enacted a bill that converts the country’s registered domestic partnerships into marriages, making it the first country to grant gay and lesbian couples the same legal recognition of their relationships that heterosexual couples have [R1.3].

In July 2008, the Dutch civil service developed a new name for "maiden name" so married gay men won't feel awkward. "Geboortenaam" translates to "birth name". It will replace maiden name on official forms [R1.2].

In April 2005, it was reported that Dutch gay and lesbians appear to divorce at a rate of approximately one per cent per year - the same rate as Dutch heterosexual couples [R1.1].

National

In December 1999, it was reported that gays have served openly since the 1970s [R1.2].

In November 1998, the Dutch air force began a recruitment campaign in the nation's leading magazine for gays. Dutch armed forces have for years adopted a liberal attitude to gays in the military [R1.1].

National

From 1 April 2001, the law in the Netherlands allows permits adoption by same-sex couples [R1.4].

Previously:

In June 2005, the Dutch cabinet has passed a bill allowing gay couples to adopt foreign children in the Netherlands, creating greater equality with heterosexuals [R1.3].

The change in law also scraped a three-year probation period for gay step-parents to adopt, making it possible for a lesbian to adopt immediately if her partner gives birth.

The text of the bill was sent to the government's leading advisory body for review and was not made public.

In November 1998, the Dutch Cabinet has approved a plan to let homosexuals adopt children [R1.2].

In February 1998, the Dutch government announced that same-sex couples would be allowed to adopt children, as long as they meet the same standrads set for straight couples [R1.1].

Courts & Tribunals

In September 1997, Holland's Supreme Court refused to allow a lesbian couple to adopt each other's children, who were conceived via artificial insemination [R2.2].

In May 1996, a Dutch Court rejected applications by two lesbian couples to be legally recognised as adoptive parents [R2.1].

Cities & Towns

On 21 October 2010, the city of Utrecht announced it would introduce a 'gay-alert', a special hotline for gay people who feel threatened or harassed in their neighbourhood [R1.1].