NationThailand-Jan 23
January 23, 2025, is a historic day for Thailand and Southeast Asia. As a result of the new Thai law amending the longstanding Thai Civil and Commercial Code (taking effect 120 days after its royal promulgation in the final months of 2024), same-sex couples are able to register their marriage and enjoy full rights and duties as spouses without gender discrimination. In effect, nearly seventy sections of the Civil Code have been amended to delete binary wording such as man-woman, husbands-wives, male fiancé-female fiancée. Instead, gender neutral terms are now in place; those terms include ‘persons’ (or depending on the translation, ‘individuals’), ‘spouses’, and ‘engaged couples’. There is now equal footing for all in marital matters, irrespective of gender. This pertains to engagement and marriage relations, in particular the interdependence between couples in looking after each other, property related ownership, dissolution of marriages and engagements, adoptions and inheritance. The new law has also raised the minimum age of marriage from the previous 17 years old to 18 years old. In such setting, there remain some interesting queries which deserve clarification. Does the new law benefit same sex foreigners who wish to register their marriage in Thailand? Has the binary categorization of man-woman been excised completely or not under the new law? Does the law apply to the four Southern provinces of Thailand where Islamic law prevails on family and inheritance in regard to Muslims? How many other laws have to be reformed relating to gender discrimination after 23 January? Answers can be provided to most of those questions as follows. Yes, foreign couples, irrespective of gender, will be able to register their marriage in Thailand. However, foreigners have to provide proof that they are not already married. Of note is that bigamy is illegal in Thailand, although there is flexibility in relation to the four provinces mentioned. Read more at:
