Equal marriage or marriage of a gender diverse person
Previously, Marriage in Thailand must be male and female only. The marriage has been registered as husband and wife. Therefore, they have property rights and are obliged to be bound by law.
However, recently, the Government Gazette website published the Civil and Commercial Code Amendment Act (No.24) B.E.2567(2024) or the Equal Marriage Law, which came into effect on January 22, 2025.The essence of this bill is to allow two people, regardless of gender, to get engaged and marry. According to the current marriage law regarding engagement, the term "male- female side" was originally used. Revised to fiancée and fiancé or gender which originally used the term male-female by reamending to both parties and the status after marriage registration. From husband and wife/spouse to spouse/spouse, as well as amendments to other provisions which will give the person the right to Family status duties are equal to male and female spouses.
Equal Marriage Law It's an opportunity. Create equality and equality for LGBTQI+ people This is a human right that everyone should enjoy. It provides marriage rights and recognition of relationships between same-sex couples. The goal is for all couples to be treated equally before the law various rights and benefits related to marriage.
Equal marriage (or same-sex marriage). What rights and duties do you have?
1. The right to Married
Two persons must register their marriage with the Registrar and must also disclose to the Registrar that they have consented to be married and that such consent shall be publicly displayed before the Registrar and the Registrar shall also record the consent.
2. The right to manage property between the spouses
The property that is jointly owned by the spouses includes Property acquired by the spouse during the marriage. Property acquired by either party during the marriage. Assets that are the result of personal property The spouses are joint owners in all marital money.
3. The right to claim alimony
If the divorce is the fault of one of the spouses and the divorce makes them poorer because they do not have enough income from their property or from the work, they used to do during the marriage. The other party will ask the other party to be responsible for paying alimony.
4. Adoption rights
According to Thai law, a person who can adopt a child is a person who is not less than 25 years old, but that person must be at least 15 years older than the person who will be adopted A minor who is an adopted child of any person shall not be adopted by another person at the same time, except as an adopted child of the spouse of the adopted child, with the consent of the spouse who is already the adopted child.
5. The right to sign consent to the other party's medical treatment
In exceptional cases where surgical treatment or the use of any instruments will be required. The physician or nurse who is the assistant must always ask for the consent of the patient or relative who has the authority to make decisions on behalf of the patient. In case the patient cannot give consent. Persons who can give consent include their parents, descendants, or spouses.
6. The right to receive benefits and welfare from the state as a spouse
They are entitled to receive money from the government or employer, such as in the case of death of their spouse due to the performance of their duties or from work (inheritance), or receiving child allowance according to the Labor Law, the right to receive compensation benefits from social security, the right to disburse medical expenses, etc.
7. The right to tax deduction under the Revenue Code
To alleviate the tax burden by deductible in the case of the spouse of the income earner as well as other cases related to the income earner and the spouse of the income earner, such as:
- Spouse of a person with an income of 30,000 baht.
- Allowance for the support of the father or mother of the income earner, including the father or mother of the income earner, as well as the parents of the spouse with income 30,000 baht each.
8. Being a Guardian or Curator
In the event that the court orders that one of the spouses be an incompetent or quasi-incompetent person, the other spouse shall be the guardian or curator. Unless otherwise ordered by the court.
9. Right to sue on behalf of spouse
Civil lawsuits can claim damages for each other. Criminal case, the right to prosecute. In the event that one spouse is a victim by the condition of the victim, it may not be possible to manage or act on his own. Parents, successors, or spouses can act on their behalf.
10. Right to inheritance
The spouse has the right to inherit the other party, assuming that the surviving spouse is the rightful heir and the spouse who is entitled to the inheritance must be the legal spouse.
11. Minimum age for engagement and marriage
18 years old.
Documents used to register marriage
- Identification card (or other card issued by the government)
- Copy of house registration
- Foreigners must use a copy of their passport and a certificate of personal status from the embassy or consulate or government organization of that country. Assign and translate.
- 2 witnesses
The Civil and Commercial Code Amendment Act (No. 24) B.E. 2567 (2024) or the Equal Marriage Law will come into force from January 22, 2025 onwards.to be able to register their marriage under the new civil law that guarantees equal marriage rights
When the law goes into effect, It is considered an acceptance of the LGBTQI+ community, which is important for creating an open and equitable society. Reduce discrimination and promote the right of everyone to express themselves freely. To live a happy life and be yourself
References :
- https://www.bbc.com/thai/articles/c4nnjd5v2zgo
- https://thecitizen.plus/node/53855
- https://www.the101.world/marriage-equality-bill/
- https://www.thaipbs.or.th/news/content/344600
- https://www.thaigov.go.th/news/contents/details/88411
- https://ratchakitcha.soc.go.th/documents/36482.pdf
- https://archive.lib.cmu.ac.th/full/T/2555/laws30955pm_ch4.pdf
