What is the Marriage Equality Act?
On September 24th, 2024, Thailand made history by officially legalizing same-sex marriage with the publication of the Amendment to the Civil and Commercial Code Act (No. 24) B.E. 2567 (2024). The law, which takes effect on January 23rd, 2025, will allow same-sex couples to legally marry, marking Thailand as the 38th country worldwide, the 3rd in Asia, and the first in Southeast Asia, to do so. The legal recognition of same-sex marriage in Thailand follows decades of tireless advocacy by LGBTQ+ groups, civil society, and political entities, making Thailand a regional pioneer in the fight for LGBTQ+ rights.
Who can marry under the new law?
The new law allows any LGBTQ+ individual over the age of 18 to marry. However, individuals under 20 years of age will need parental consent. Both Thai nationals and foreign nationals are eligible to marry under the new law, though foreign nationals’ rights will depend on their immigration status, and marriage does not grant automatic Thai citizenship. For Thai nationals, once married, they will have the same legal rights as people in a heterosexual marriage.
How does the registration process of same-sex marriage work?
Same-sex couples can now register their marriage at any district office in Thailand or at Thai embassies abroad. During the registration process both parties must appear in person. After submitting the required documents, the parties have to sign the marriage registration forms which are provided by the district office. If all the documents provided are in order, the marriage will be registered. A marriage certificate will be issued upon successful registration.
Which are the required documents?
For Thai nationals:
- Valid Thai national ID
- House registration documents
- Other certificates relating to family record (previous marriage, divorce certificate, etc.)
For foreign nationals:
- Valid passport
- Certified copy of passport by embassy
- Affirmation of freedom to marry or certificate of no impediment to marriage, obtained from the respective embassy or consulate in Thailand
- Certified translation of the certified passport and the affirmation
- The certified passport and the affirmation with their translation legalized by Thai Ministry of Foreign Affairs
What are the key legal amendments?
Several important changes have been introduced under the Marriage Equality Act:
- Marriage is now recognized as a partnership between two people and the terms "husband and wife" are replaced with "spouses" or "individuals". Regardless of gender identity or sexual orientation, individuals who register their marriage are legally recognized as spouses.
- The law grants same-sex couples’ access to a wide range of rights, including the ability to adopt children, inherit property, make medical decisions for one another, and share property. This ensures full recognition of same-sex marriages within the Thai legal system.Same-sex couples can now legally adopt children, and the children are entitled to inherit the family name.
What challenges remain?
Although the law is a major milestone, its full implementation will require addressing some legal adjustments. For instance, policies around spousal benefits, adoption processes or surrogacy, and equal treatment in other areas like healthcare may need further clarification. Legal experts suggest that supplementary laws will be necessary to ensure full protection for LGBTQ+ individuals in areas like healthcare, anti-discrimination, and visa procedures for international couples.
What’s next for LGBTQ+ rights in Thailand?
While the law represents a significant leap toward equality, there are still areas requiring attention. Legal experts, activists, and policymakers are continuing to advocate for further amendments to ensure full legal protection for the LGBTQ+ community, including better healthcare services for gender-diverse individuals and anti-discrimination laws. The goal is to ensure that the law is applied consistently across all aspects of life, from taxation to inheritance. The journey toward true equality is ongoing, but Thailand has undeniably paved the way for future progress in Southeast Asia.
