Originally, Thai law defined “husband and wife” strictly as individuals of male and female genders. However, on 22nd of January of 2025, the Amendment to the Civil and Commercial Code, known as the Marriage Equality Act, came into effect. Herrera and Partners law firm in Thailand have prepared a brief summary of the legal amendments that are now enforceable under Thai Family Law that will have effects in both: foreigners and Thai citizens.
This law acknowledges the evolving societal landscape, recognizing that family structures are no longer limited to relationships between men and women but also include LGBTQ+ couples, who deserve equal protection of rights and responsibilities in family matters without discrimination.
The Thai government introduced amendments to the Civil and Commercial Code, specifically in the family chapter, to ensure that LGBTQ+ individuals have the same rights, duties, and legal family status as heterosexual couples. These changes cover engagement, marriage, parental rights, and inheritance. Additionally, the amendments clarify that all legal references to “husbands and wives” now apply equally to all registered spouses under the revised law.
Interesting issues regarding legal amendments include:
∙ Amendment to the Civil and Commercial Code
Marriage: The legal definition has been broadened to recognize that individuals eligible for marriage and legal spousal status are not limited to those assigned male or female at birth. For example:
Section 1449 Marriage can take place only when both individuals have reached the age of eighteen…
Section 1458 A marriage is valid only when both individuals consent to be spouses, and such consent must be openly expressed before a registrar, who shall duly record it.
Section 146: If the court declares one spouse legally incompetent or quasi-incompetent, the other spouse shall act as their guardian or curator. However, upon request by an interested party or the public prosecutor, and if significant reasons exist, the court may appoint another person as guardian or curator.
Property and Debt between Spouses: The amendment addresses the rights and obligations regarding property and debts within a marriage, guaranteeing equitable treatment for all spouses regardless of gender.
Previously, the management of property for LGBTQ+ spouses—who were not legally recognized as male and female—was governed by general property laws, which considered them as joint owners. There was no legal definition protecting their rights to property acquired in the capacity of legally recognized spouses. However, under the new law, assets acquired during the marriage by LGBTQ+ spouses are now considered marital property, including prenuptial agreements, agreements made during the marriage for property management, and debts incurred during the marriage, which are now recognized as joint debts of both spouses.
Inheritance: The law ensures that inheritance rights are upheld for spouses in same-sex marriages, allowing them to inherit from one another just like heterosexual couples.
Under the original Civil and Commercial Code, only husbands and wives who were male and female by birth had the legal right to inherit. However, with the expanded definition of spouses beyond gender restrictions, LGBTQ+ spouses are now recognized as statutory heirs with inheritance rights under Section 1629, Paragraph Two, in conjunction with Section 1635 of the Civil and Commercial Code.
∙ Healthcare Rights
Spouses are entitled to healthcare benefits provided by the state and health insurance. This includes coverage as dependents under social security or other health insurance plans that include their spouse.
∙ Consent for Medical Treatment
Consent for medical treatment involves both the patient and their spouse or legal relatives in certain situations. In cases where the patient cannot provide consent or make decisions themselves, a legally recognized individual must give consent. This includes emergency treatments, all types of surgeries, high-risk procedures, chemotherapy, endoscopy, biopsies, administration of high-impact medications, treatments requiring special equipment, psychiatric care, and treatment for mental health issues.
If you want to consult with an international law firm in Thailand about same gender marriage or family law, please contact our Thai lawyers and foreign legal consultants at [email protected]
