Thailand’s Same Sex Marriage Bill Takes Effect

Thailand’s groundbreaking same-sex marriage equality legislation took effect on Thursday, positioning it as the first nation in Southeast Asia and the third region in Asia, following Taiwan and Nepal, to permit same-sex couples to marry. Any LGBTQ couple aged 18 or older – regardless of being Thai or from another nationality – can legally wed in Thailand.

Thai citizens receive the same legal rights as individuals in a heterosexual marriage, which encompass engagement, marriage registration, divorce, taking their partner’s surname, shared asset management, tax advantages, social security and healthcare, adoption and guardianship, as well as inheritance.

For foreign nationals, their rights are contingent upon their immigration status in Thailand. Marriage to a Thai national of the same sex will not currently allow them to obtain Thai citizenship. Thai law continues to define parents as a mother and a father, and numerous experts are worried about how officials may interpret the law, particularly in assessing whether the couple meets the criteria to adopt a child.

During last year’s parliamentary debates on the marriage equality bill, some lawmakers tried to amend the definition of a parent to a more gender-neutral phrase, but they were not successful. Activists are committed to persist in their efforts to amend the law to ensure greater inclusivity.

The Thai health ministry is also developing legislation to modify regulations related to surrogacy, yet a specific timeline for this amendment remains unclear. Although LGBTQ individuals can now legally marry, a proposed law concerning gender recognition submitted to parliament in February of the previous year was not approved. This implies that transgender individuals in Thailand will not have the ability to alter the gender assigned at birth. Activists have announced their intention to present a new bill.