Guyana

The Marriage Act (the “Act”) stipulates that the minimum age for a legally valid marriage is 16 years old. However, a girl under the age of 16 who becomes pregnant, may apply to the High Court to be married to the father of the child. Marriage between parties younger than 18 years old must receive parental consent to marry. The Act prohibits marriage between family members or individuals related by blood. A superintendent registrar who knowingly authorizes a marriage which is void may be sentenced to two years in prison. 

The Married Persons (Property) Act (the “Act”) sets out the law on property ownership by a married couple in Guyana. Under the Act, property owned independently by either spouse before marriage does not automatically become joint property upon marriage. Instead, each spouse retains individual ownership of their property. A married woman who has property transferred into her sole name is treated as the sole owner.

The Matrimonial Causes Act (the “Act”) sets out the basis for which an individual may seek a divorce: adultery, desertion, or cruelty. The Matrimonial Causes (Amendment) Act 2024 (the “2024 Act”) also entitles divorce applications for irreconcilable differences, causing the irreversible breakdown of a marriage. Divorce applications may be rejected if the applicants are at fault for adultery, cruelty, or neglect which contributed to an act of adultery.

On February 6, 2009, four female transgender individuals (A, B, C, D) were arrested and charged with both loitering and wearing female attire. The police detained the Applicants for the entire weekend without explaining the charges against them. Wearing female attire is prohibited under Section 153(1)(XLV11) of the Summary Jurisdiction (Offences) Act, chapter 8:02.

Guyana’s Medical Termination of Pregnancy Act (“MTPA”) was ratified in June of 1995, reforming the law relating to the termination of pregnancies. The MTPA defines the termination of pregnancy, and permits abortion, subject to specific conditions, and depending on the duration of the pregnancy. Pregnancies are permitted to be terminated by qualified medical practitioners up to eight weeks gestation.

Guyana’s Prevention of Discrimination Act prohibits discrimination in employment, training, recruitment, vocational opportunities, membership in professional bodies, and access to goods, services, and facilities. It applies to public and private sector employers and covers employees, contract workers, dependent contractors, and commission agents. Discrimination is defined as any distinction, exclusion, or preference based on listed grounds that impair equality of opportunity or treatment.

The petitioner, along with three other transgender individuals, were charged for violating section 153(1) of the Summary Jurisdiction (Offences) Act: “cross-dressing in public for an ‘improper purpose.’” The petitioner brought action, alleging that section 153(1)(xlvii) was too vague to be enforceable. The petitioners argued that a prohibition on cross-dressing criminalizes gender expression and identity, in violation of Article 149D of the Constitution.

The Sexual Offences Act (as amended), consolidates Guyana’s laws on sexual violence and establishes the legal structure consent, rape, sexual assault, and child protection. Part I defines consent as a freely given agreement expressed through words or overt action. Silence, passivity, or physiological responses cannot imply consent. When a defendant claims belief in consent, the belief must be objectively “reasonable.” Part II sets out the core offenses. Sexual assault involves non-consensual sexual touching and carries a sentence of five to ten years in prison.

The Summary Jurisdiction (Offences) (Amendment) Act of 2021 repeals Section 153(1)(xlvii) of the Summary Jurisdiction (Offenses) Act, which had criminalized appearing in public while "cross-dressing for an improper purpose.” The repeal brings the statute into conformity with the Caribbean Court of Justice’s 2018 decision in Quincy McEwan et al v.