Same-Sex Marriage: Latest Update on Registration Process at Overseas Thai Embassies and Consulates-General
On September 24, 2024, Thailand took a historic step forward towards equality by enacting the Same-Sex Marriage Act, officially amending the Civil and Commercial Code (CCC). Published in the Royal Gazette, this landmark legislation replaces gender-specific terms like “husband” and “wife” with gender-neutral terms such as “spouses” and “individual,” legally recognizing same-sex marriages. The law came into effect on January 23, 2025, following a 120-day grace period, and has been met with widespread public support.
The Same-Sex Marriage Act in Thailand not only allows same-sex couples to officially register their marriage under Thai law but also grants them a comprehensive range of rights and protections. These include, but are not limited to, the right to make medical decisions for a spouse, inheritance rights, adoption rights, joint asset management, social security and healthcare benefits, tax advantages, and more.
According to statistical reports released by the Department of Provincial Administration, over 1,754 same-sex couples registered their marriage on the very first day the Same-Sex Marriage Act took effect. The momentum continued on February 14, 2025, with more than 2,039 same-sex couples celebrating their love through legal marriage registration. This overwhelming response highlights strong public support for the Same-Sex Marriage Act and marks a significant milestone in Thailand’s journey towards inclusivity and equality.
A frequently asked question is whether the Same-Sex Marriage Act applies to same-sex foreign nationals wishing to marry a Thai spouse. The answer is yes. Similar to traditional heterosexual marriage registration, the foreign partner must obtain a certificate of single status from their embassy, have it certified and legalized, and present it to the registrar at the civil registration office.
Whilst some authorities’ processes (like domestic registration of marriage) are well prepared for the enforcement of the Same-Sex Marriage Act, others will need to catch up. In particular, the registration process at Thai embassies and consulates abroad has remained outdated, relying on forms that use traditional gendered terms like “male” and “female.” To address this, the Cabinet has approved a Draft Ministerial Regulation proposed by the Ministry of Foreign Affairs (MFA) under the Family Registration Act B.E. 2478 (1935). This regulation aims to modernize the registration process, ensuring alignment with the Same-Sex Marriage Act and improving services for Thai citizens worldwide. The Ministerial Regulation, approved by the Cabinet, was published in the Royal Gazette on January 23, 2025, and has now come into force.
Key Revisions Proposed in the Ministerial Regulation:
- Unified Application Form: Previously, five separate application forms existed for different registration types. The new proposal consolidates these into a single form and removes gender-specific terms like “male” and “female,” ensuring compliance with the Same-Sex Marriage Act.
- Data Submission to Central Registration Bureau: After registration at overseas Thai embassies and consulates-general, registrars will submit details to the Central Registration Bureau through a computerized system for national database inclusion. If electronic submission is not possible, a certified registration copy will be sent to the Ministry of Foreign Affairs, which will forward it to the Ministry of Interior for processing.
- Revised Government Fees: Government fees will be updated to reflect the new process. The fee for a certified copy of the registration certificate will increase from 2 baht to 300 baht, and the fee for requesting information from the Central Registration Bureau will rise from 4 baht to 300 baht.
Conclusion:
The revisions to the registration process at overseas Thai embassies and consulates-general represent a significant step ensuring legal recognition of same-sex marriages domestically and internationally. By adopting gender-neutral language and unifying application forms, the Ministry of Foreign Affairs is aligning its procedures with the Same-Sex Marriage Act and contemporary societal norms.
While implementing these changes may require administrative adjustments, they are crucial to strengthening Thailand’s commitment to equality and inclusivity. These updates demonstrate the government’s efforts to adapt and ensure all citizens are treated with dignity and respect, regardless of gender or sexual orientation. Further amendments to existing regulations are expected to fully recognize the rights of same-sex couples and update laws to reflect current social standards.
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