Travel and your sexual orientation, gender identity, gender expression and sex characteristics

Foreign laws and customs related to sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) can be very different from those in Canada. As a result, you could face certain barriers and risks when you travel outside Canada. Research and prepare for your trip in advance to help your travels go smoothly.

Before you go

Visit the Travel Advice and Advisories pages for your destination countries. The “Laws and culture” tab may contain information on the laws and social customs that could affect 2SLGBTQI+ Canadians there.

Watch for laws that:

criminalize same-sex activities and relationships
criminalize people based on their sexual orientation, gender identity, gender expression, and sex characteristics

Some countries may use laws related to “vagrancy”, “public nuisance” or “public morals” to criminalize 2SLGBTQI+ people.

Research the laws, safety recommendations and social customs related to sexual orientation, gender identity, gender expression and sex characteristics in your destination country. Some useful resources include:

The International Lesbian, Gay, Bisexual, Trans and Intersex Association’s State Sponsored Homophobia Report, Trans Legal Mapping Report, and map of sexual orientation laws in the world
the Human Rights Watch map and research on anti-2SLGBTQI+ laws
local 2SLGBTQI+ resources in your destination country

Passports

If your passport indicates “X” as a gender marker or if it indicates, "the sex of the bearer should read as X, indicating that it is unspecified," you might face entry restrictions into some countries that do not recognize your gender.

Check the Travel Advice and Advisory for each destination and transit country to find out if you could face entry restrictions.
In some cases, even if your Canadian passport indicates an “X” gender marker, you may still be asked to provide binary sex information (either Male or Female) when travelling.
If you have changed your name legally, you have to apply for a new passport. For more information on updating your passport, including updating your gender identifier, see Canadian passports.
While the Government of Canada recognizes the “X” gender identifier, it cannot guarantee your entry or transit through other countries.

While you are away

While you are travelling outside Canada, you are subject to, and must follow, the local laws of your destination country, even if these laws infringe on your human rights.

Not all countries have the same values and legal system that we have in Canada. As a result, it is important for you to be informed about the legal framework and social customs governing sexual orientation, gender identity, gender expression and sex characteristics in your destination country.

Personal safety

You should always be conscious of your personal, and online, safety while you travel. Be conscious of your online presence and any public-facing content that may disclose information about your sexual orientation, gender identity, gender expression and sex characteristics. Depending on your destination, this information may affect your safety or have legal implications.

Assume that your social media accounts can be viewed by local authorities. Police can easily track your location and the websites you visit through your phone. Carefully consider the information you’ve shared online before travelling.
In countries where 2SLGBTQI+ people are persecuted, you should assume that police are monitoring 2SLGBTQI+-themed websites, apps, and visitors to these platforms. Some police or malicious actors may create fake online profiles to entrap users.
Be wary of new-found “friends”, especially those that you meet online or through dating apps, as criminals sometimes target 2SLGBTQI+ people.
Be cautious about public displays of affection, including kissing and holding hands, and how they may be perceived in countries where 2SLGBTQI+ persons face discrimination.

Relationships

Carefully consider whether you are comfortable visiting a destination where the laws and social customs affecting 2SLGBTQI+ people differ from those in Canada.

In many countries, only heterosexual relationships between cisgender people are recognized as legal and accepted by society.

In some cases, same-sex relationships are not recognized, and are criminalized. Even if your relationship is legally recognized in Canada, this may not be the case abroad.

Local laws in destination countries may be enforced or applied inconsistently. For instance, countries that criminalize same-sex relations may also use the law to criminalize gender identities and gender expressions.

In some contexts, even if there are no legal concerns related to sexual orientation, gender identity, gender expression and sex characteristics, you may face discrimination or harassment if social customs are challenging for 2SLGBTQI+ people.

When you are planning to travel outside Canada, consider that:

Legislation on 2SLGBTQI+ relationships may change from one region to another, even within the same country.
While there may be no laws prohibiting 2SLGBTQI+ relationships, they may be considered socially unacceptable or stigmatized.
Your destination may have laws that protect 2SLGBTQI+ persons and their relationships, but the laws may not be not followed or enforced.
Depending on your destination, you may be denied access to certain services and rights as a couple. For example, health care institutions may not recognize your relationship status. They may deny you visitation rights or even legal rights, such as next-of-kin rights. Your hotel bookings could also be refused when you arrive.

Services

You may face discrimination because of your sexual orientation, gender identity, gender expression and sex characteristics.

You may be denied services in your affirmed gender while you are travelling outside Canada.
Health services specific to transgender people could be limited or non-existent in your destination country.
You could also face barriers in a foreign justice system that does not recognize or may criminalize your sexual orientation, gender identity, gender expression and sex characteristics.

Travelling with children

Carefully consider whether you as an 2SLGBTQI+ person are comfortable travelling with your child or letting them travel alone to a destination where the laws and the social context differ from those in Canada.

Canadian children should carry a consent letter if they are travelling abroad alone, with only one parent or guardian, with friends or relatives or with a group. Children from 2SLGBTQI+ families travelling alone may face unique issues, even if travelling with a consent letter.

Foreign border officials may question 2SLGBTQI+ families travelling with children and may ask for documentation to confirm that the child is travelling with a parent. Carry certified copies of documentation that list the custodial parents, including birth certificates or adoption orders, if applicable.

Adoption and surrogacy

If you are considering becoming a parent through a surrogacy contract or adoption abroad, be aware that 2SLGBTQI+ couples may face discrimination from national authorities responsible for child welfare.

Some countries may prevent 2SLGBTQI+ people from adopting a child because it is against their laws, culture or beliefs. You could face discrimination from national authorities responsible for adoption.

Carefully research countries that have laws in place to allow 2SLGBTQI+ people to adopt a child.
Work closely with your provincial or territorial adoption central authority to ensure the adoption process complies with the legislation and procedures both in Canada and in the other country.

If you need help

Contact the nearest Canadian government office abroad or the Emergency Watch and Response Centre for consular help while you are outside Canada.

Inform consular officials of any harassment or inappropriate treatment you may have faced. They may be able to help you.
Consular officials can also help if you are arrested and detained, are ill or injured, or are facing an international custody problem. For more information on consular services see the Canadian Consular Services Charter.
Any information you provide will remain confidential, subject to the provisions of the Privacy Act. For more information see Consular Policy Regarding the Use and Disclosure of Personal Information.

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