Tag: LGBTQ

on by

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.

photo of woman in wedding dress standing while holding hands

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 In particular, the registration process at Thai embassies and consulates abroad has remained outdated, relying on forms that use traditional gendered terms like “male” and “female.”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:

  1. 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.
  2. 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.
  3. 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.

Author: Panisa Suwanmatajarn, Motana Sumetsawat, Tanadol Rungruengnoravet, and Pannaphat Suwantharakorn

Sources:

Other Articles

on by

Same-Sex Marriage: Updated Registration Process at Overseas Thai Embassies and Consulates-General to Reflect New Legal Landscape

On 24 September 2024, Thailand took a historic step forward in its commitment to 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 23 January 2025, following a 120-day grace period, and has been met with widespread public support. On its first day of enforcement, many same-sex couples enthusiastically registered their marriages, marking a significant milestone in Thailand’s journey toward inclusivity.

However, while the new law represents a major leap forward, some authorities’ processes still 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 it aligns with the Same-Sex Marriage Act and better serves Thai citizens worldwide. The Ministerial Regulation proposed by the MFA under Family Registration Act B.E. 2478 (1935) as approved by the Cabinet was published in the Royal Gazette on 23 January 2025 and has now come into force. 

man in white dress shirt holding red bouquet

Key Revisions Proposed in the Ministerial Regulation:

  1. Unified Application Form: Previously, five separate application forms existed for different registration types. The new proposal consolidates these into a single and streamlined form. The application for family registration form has also been amended to remove gender specific terms like “male” and “female”, ensuring alignment with the Same-Sex Marriage Act.
  2. 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. When 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.
  3. Revised Government Fees: Government fees will be updated to reflect the new process. The fee for a certified copy of registration certificate will increase from 2 THB to 300 THB, and the fee for requesting information from the Central Registration Bureau will similarly rise from 4 THB to 300 THB.

Conclusion:

The revisions to the registration process at overseas Thai embassies and consulates-general represent a significant step toward 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 solidifying 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 current regulations are expected to comprehensively recognize same-sex couples’ rights and update laws to conform with current social standards.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

on by

Thailand Takes Major Step Towards Gender Equality with Proposed Recognition Act

Thailand is set to make a major stride towards greater gender equality and inclusion with its proposed draft Gender Recognition Act (“Draft Act”). The Draft Act, which concluded a public hearing period on May 6, 2024, aims to legally recognize and protect the rights of individuals across the gender spectrum.

The impetus for the Draft Act can be traced back to a groundbreaking 2021 decision by Thailand’s Constitutional Court. The court ruled that restricting marriage to only men and women, as stipulated in Section 1448 of the Civil and Commercial Code, was unconstitutional. This landmark ruling spurred the Parliament, Cabinet, and government agencies into action to draft comprehensive legislation addressing the rights and legal status of transgender and non-binary individuals.

The Draft Act is divided into seven sections spread across 25 provisions. It begins by clearly defining key terms like “gender identity”, “sexual characteristics”, “intersex persons”, and “people who do not define themselves within the binary gender system.” This establishes the scope and applicability of the law’s protections.

One of the central components grants individuals fundamental rights revolving around their gender identities. This includes the right to have their expressed gender officially recognized, the freedom to develop themselves authentically according to their identity, the right to be treated consonantly with their gender, and protections for their bodily autonomy and right to determine their own gender characteristics.

two men about to kiss

Importantly, the Draft Act outlines certification processes for legal gender recognition. Any Thai citizen over 18 would have the right to apply to have their gender identity formally certified by government registrars. For those under 18, the consent of a legal guardian would be required, unless granted an exception by a court in instances where consent is denied or impossible.

The Draft Act further specifies protocols for legally recognizing intersex individuals and protecting them from non-consensual surgical interventions to alter their sexual characteristics in youth. It also enshrines rights for all legally recognized genders, including the ability to update official documents, choose appropriate honorific titles, access gender-appropriate healthcare, take medical leave for gender-confirming procedures, and maintain legal ties like marriages and parent-child relationships established prior to gender changes.

Aiming to create a societal shift, the legislation prohibits both public and private entities from enacting policies or regulations that discriminate against individuals based on their legally certified gender identities. It imposes criminal penalties for violations such as forced surgical alterations and reflecting the serious civil rights implications.

While proposing the Draft Act, Thailand still faces a legislative process before becoming law, it represents a vital step in the global movement for transgender rights and gender inclusivity. If passed, Thailand would join a small but growing number of countries with comprehensive self-determination laws in this domain.

white and multicolored love is love banner

By legally empowering individuals to have their core identities officially validated and protected, the Draft Act holds the potential to make Thailand’s societal fabric more equitable for all people, regardless of the gender they know themselves to be. The Draft Act, demonstrates the nation’s commitment to upholding human rights and embracing the inherent dignity of its diverse populace.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

on by

Thailand Takes a Step Towards Marriage Equality: A Closer Look at the Amendment of the Civil and Commercial Code

Love has long been a powerful force that transcends boundaries and unites people from diverse backgrounds. In recent years, the LGBTQ+ community has grown significantly, with more individuals feeling empowered to come out and live their truth. Many countries around the world have recognized the importance of supporting the LGBTQ+ community and have amended their laws to allow for same-sex marriage. However, Thailand, despite being known as an LGBTQ+ friendly country, has yet to pass such legislation.

Over the years, the Thai parliament has engaged in several debates regarding marriage equality and civil unions. Unfortunately, all proposed bills have failed to be enacted, leaving the LGBTQ+ community without the legal recognition they deserve. However, there is a glimmer of hope on the horizon. In a recent development, the Thai cabinet has approved the principle of amending the civil and commercial code bill, proposing marriage equality.

The essence of this amendment lies in the redefinition of the term “couple” to include people of any gender. This groundbreaking change aims to grant homosexual couples the same fundamental rights as their heterosexual counterparts. These rights include the ability to claim compensation in the event of a breach of betrothal or infidelity, the right to dissolve a marriage, and equal minimum age requirements for both heterosexual and homosexual couples.

people with gay pride body paint holding hands

While this amendment marks a significant step towards marriage equality in Thailand, it is important to recognize that it is merely the beginning. Homosexual couples have long been living together as families, yet they continue to face a lack of fundamental rights. These rights encompass crucial aspects such as the ability to make decisions regarding medical care, joint management and control of property, and inheritance rights.

Although the principle of amending the civil and commercial code bill has only been approved by the cabinet, it is a promising start. The next step will be to propose this amendment to the House of Representatives, where further discussions and deliberations will take place. If the bill successfully navigates this process, it will pave the way for a more inclusive and egalitarian society in Thailand.

The potential impact of this amendment cannot be understated. It signifies a fresh start for real equality, ensuring that love knows no boundaries and that all individuals, regardless of their sexual orientation, have the opportunity to experience the joys and responsibilities of marriage. As Thailand takes this important step towards marriage equality, it sets an example for other nations to follow, fostering a world where love truly knows no bounds.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

on by

Intercountry Adoption for Children

Intercountry adoption is when an individual or a couple becomes a legal parent of children by adopting and raising them in another country. Those children will have better opportunities to live in a healthy environment and good education which has an excellent effect on children themselves and society.

Thailand ratified the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption B.E. 2536 (1993) (“Hague”) to ensure that the intercountry adoption is in the child’s best interest and the adoption process is legal. For this purpose, the Thai government established the Child Adoption Centre of the Department of Social Development and Welfare (DSDW), a central authority, who will make a final decision on allowing for adoption.

white and multicolored love is love banner

For adoption of child in Thailand, the overseas adoptive parents must submit an application to the central authority or agency of their own country. Then, the central authority or agency will contact and coordinate with the competent authorities in Thailand (i.e.  Sahathai Foundation, Friends For All Children Foundation, Pattaya Orphanage and Thai Red Cross Children Home). These Thai authorities will consider the qualifications of overseas adopters under the Thai Civil and Commercial Code. For example, the adoptive parents must be at least 25 years old and must be at least 15 years older than the adopted child. Moreover, one of the important qualifications of adopters is that they must be a married couple or a single female who is qualified to adopt the child under the law of their own country.

The Thai competent authority will consider the qualifications of overseas adopter under many factors such as age difference, health and mind. Then, the Thai authority will send the documents and its opinion to the DSDW for final approval. The consideration process and decision of adopting Thai child is required to be taken place in Thailand as mentioned above.

Please note that currently Thailand is still not accepting the legal status of homosexual marriage and the intercountry adopter must have married status (between man and woman), so it is still impossible for LGBTQ couples to adopt the Thai child. However, there is a draft civil partnership bill allowing a legal homosexual status providing the right for adoption as a married couple. If the draft civil partnership bill is approved and become enforced and related laws have been revised to be in line with, the LGBTQ couple is able to apply for adopting the child in Thailand under the conditions as specified in such relevant Thai laws and approval of DSDW.

on by

Civil Partnership Bill and Amendment to Civil and Commercial Code

On 7 June 2022, at Santi Maitree Building Government House, the Cabinet has approved a draft “Act on Civil Partnership Bill (“Act”) and amendment to Civil and Commercial Code (“CCC”)” which were considered by the Council of State.

The purpose of this draft Act is to enact a specific law to support the rights and duties of LGBT+ people and for gender equality and to amend the CCC which is a general law to be in line with the draft Act.

two men about to kiss

1. This draft Act consists of 4 Chapters and 46 Sections as follows:

 1.1 Prologue (Sections 1–5) establishes the timeline for law enforcement and various important definitions, especially the term “partners”.

1.2 Chapter 1 registration of a life partners (Sections 6 – 14) prescribing rules and procedures for registration of a life partner.

people with gay pride body paint holding hands

1.3 Chapter 2 partners (Sections 15 – 38) dividing into 5 parts as follows:

(1) Part 1 general provisions (Sections 15 – 21) stipulates those provisions of the CCC on the family shall be applied to the partners if there is no specific provision in this Chapter.

(2) Part 2 relationship between partners (Sections 22 – 23)

(3) Part 3 properties between partners (Sections 24 – 27)

(4) Part 4 void of registration of being partners (Sections 28-31)

(5) Part 5 termination of partnership (Sections 32 – 38)

  1. Chapter 3 adopted children (Sections 39 – 44)

1.5 Chapter 4 inheritance (Sections 45 – 46)

2. A amendment to CCC consists of 5 Sections with the purpose of amending Sections 1452 (duplication of Marriage Registration), 1516 (1) (grounds for divorce) and 1528 (termination of right to receive pension) in the order to support the life partner’s matter as well.