‘Marriage Equality’ enacted: What rights do LGBTQ+ couples gain?

On January 23, 2025, Thailand made history by enacting the “Marriage Equality” law, officially known as the Civil and Commercial Code Amendment Act (No. 24) 2024. This landmark legislation allows LGBTQ+ couples, or individuals of diverse sexual orientations, to legally register their marriages, making Thailand the first Southeast Asian country to implement such a law.

The Marriage Equality law revises the core definition of marriage in the Civil and Commercial Code, replacing the term “husband and wife” with “spouses” and redefining marriage to apply to “persons” rather than strictly between a man and a woman. The amended law also raises the minimum age for engagement and marriage from 17 to 18 years. It ensures that legally registered couples enjoy the same rights under other laws as heterosexual married couples previously did under the original Civil and Commercial Code.

Eligible individuals must be two people aged 18 or older. If either party is under 20, parental or legal guardian consent is required. Additionally, individuals must not have previously registered a marriage. Thai citizens are also permitted to register their marriages with foreign nationals.

Rights Granted to Spouses Under the Marriage Equality Law

The Marriage Equality law ensures that LGBTQ+ couples enjoy the same legal rights as heterosexual couples under the Civil and Commercial Code. These rights include:Engagement: Engagement is permitted only if both parties are at least 18 years old.

Marriage: Marriage is allowed when both parties are at least 18 years old. In special cases, the court may permit marriage for individuals under this age .

Marriage Registration: Marriage requires the consent of both parties, expressed publicly before a registrar, who records the agreement.

Divorce: For divorce by mutual consent to take effect, it must be registered with a registrar .

Property Management: Spouses share the management of jointly acquired property, mutual debts, and other financial matters.

State Benefits: Spouses are entitled to benefits and welfare provided by the government as a married couple.

Medical Consent and Guardianship: Spouses can provide medical consent or act as a guardian if one spouse is declared legally incapacitated or quasi-incapacitated by the court .

Spousal and Parental Support: Spouses are entitled to claim support from one another. Likewise, parents or children may claim support if they are not adequately provided for .

Joint Adoption: Spouses may jointly adopt children under the provisions of the Civil and Commercial Code.In addition to the rights granted under the Marriage Equality law, registered spouses also enjoy benefits under other laws, such as:

Right to Use Spouse's Surname: A spouse may adopt the surname of either partner, keep their original surname, or use the spouse's surname as a middle name.

Right to Consent to Medical Treatment: If the patient is unable to make informed decisions regarding healthcare, the legal heirs must decide on behalf of the individual.

Right to Civil Service Appointment: In the event of a spouse's death due to military service or duty, the deceased's child, spouse, or parents may be entitled to be appointed or hired as a civil servant, employee, or worker in the Ministry of Defense.

Social Security Benefits: Includes death benefits such as funeral expenses, survivor benefits, child allowances, and retirement pension.

Tax Benefits: Married couples are eligible for a tax deduction of 60,000 baht, and exemptions from inheritance tax on assets received from the deceased spouse.

However, although marriage with a foreigner is now allowed, obtaining citizenship through a spouse is still pending legal amendments. Similarly, assisted reproductive methods like IVF and surrogacy are still awaiting legal adjustments before they can be fully permitted.

(2025/01/23-00:00)