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Enactment of Marriage Equality Act in Thailand

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Enactment of Marriage Equality Act in Thailand

24 September 2024 marked an important day for social change in Thailand as the Royal Gazette promulgated a significant amendment to the Thai Civil and Commercial Code, the Marriage Equality Act BE 2567 (2024). The enactment of this law marks a huge victory for the LGBTQIAN+ community and human rights advocates in Thailand.

Following a 120-day moratorium period after its publication in the Royal Gazette, the Marriage Equality Act (“New Law”) will come into effect as of 22 January 2025.

The New Law guarantees same sex couples equal rights to male and female couples to register their marriages. It allows two people of any gender to be engaged and married by changing the title to a more gender-neutral term, i.e. “male and female” has been amended to “engager and engaged person ” or “both parties”, and the status after marriage registration has been changed from “husband and wife” to “spouse(s)”. There are also new amendments to other provisions, which will give that person the same rights, duties and family status to that of male and female spouses. For example, the New Law allows anybody (either Thai or foreign) to register their marriages without being subject to the condition that marriage must be between “a man and a woman” only. Homosexual couples will have the same rights as heterosexual couples, including but not limited to the right to adoption, right to claim compensation and right to file for divorce. This is the result of a decade-long movement for gender equality that began with the Civil Partnership Bill, which recognises and upholds the rights of LGBTQIAN+ people, and eventually developed into the New Law.

Regarding preparation for the enforcement of the Marriage Equality Act, relevant agencies in both the public and private sectors should be aware of the New Law, and they should seriously consider adjusting and improving their internal policies and procedures to be consistent with the recent amendments of this law, especially the policies and procedures connected to employee welfare and benefits provided to male and female spouses. In the near future, it is expected that other laws and policies related to marriage and family are likely to be amended, thus to uphold the rights of same-sex marriages registered under the New Law, such as laws regarding social security, taxation, visa applications, property and land.

In conclusion, the New Law is a significant advancement in the legal rights and associated protections of same sex couples, and a historic moment for the LGBTQIAN+ community in Thailand.

This is intended merely to provide a regulatory overview and not to be comprehensive; it is NOT a provision of legal advice. Should you have any questions on this or on other areas of law, please do not hesitate to contact the following: 

Chanakarn Boonyasith
Partner
Pattaranun Hanwongpaiboon
Associate

Authors

チャナカーン・ブーンヤシット

Chanakarn has particular in-depth expertise in the practical side of the legislative system of labour & employment law and personal data protection law. For the Labour & Employment practice, she engages in both advisory work and litigation, as well as drafting and reviewing legal documents, negotiating settlements, interviewing employees (particularly those accused of wrongdoing), managing whistleblowing hotlines and processes, providing trainings and various types of employment law advice, and representing clients in numerous court cases and in hearings before the labour authorities. For the Personal Data Protection practice, she assists her clients through the entire process, from providing training, analysing how clients handle personal data transactions, summarising clients’ data flow, providing legal advice, and drafting necessary legal documents for her clients. Chanakarn’s strategy is to provide detailed, accurate advice and flexible solutions, adapted to meet her clients’ needs. She excels in simplifying complex matters and equipping her clients to make the right decisions. She receives consistently strong feedback from her clients regarding the quality of her work. She has been ranked for labour and employment practice in Chambers Asia Pacific 2022 and 2023.