Rights of marriage equality
What is the marriage equality Law?
The marriage equality Law, or the Act amending the Civil and Commercial Code (No. 24) B.E. 2567 (2024), will come into effect 120 days after its publication in the Royal Gazette, meaning it will be effective from January 23, 2025 onwards.
The essence of this law is to allow two people, regardless of gender, to become engaged and marry. The current marriage law changes the terms "man and woman" for engagement to "fiancé and fiancée," and "gender" from "male-female" to "both parties." The status after marriage registration changes from "husband and wife/spouse" to "spouse/spouse."
Other provisions are also amended to grant individuals equal rights, duties, and family status as heterosexual married couples.
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Rights from marriage equality Registration
1. Right to Engagement, Marriage, and Divorce: LGBTQIAN+ couples will have the legal rights to engage or marry, which can be registered in Thailand, and fully exercise their rights as spouses, just like heterosexual couples. This includes equal protection in cases of divorce, whether voluntary or through legal action.
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2. Right to Joint Custody of Adopted Children: This allows LGBTQIAN+ couples to adopt their spouse's children. Previously, LGBTQIAN+ individuals could only have sole custody of adopted children because they were not legally married like heterosexual couples.
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3. Right to Spouse Care: LGBTQIAN+ couples have the right to consent to their spouse's medical treatment and make decisions regarding medical care. Furthermore, LGBTQIAN+ couples have the right to receive benefits and welfare from the state as spouses, including reimbursement for medical expenses and social security benefits.
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4. Right to Inheritance from Spouse: If the heir is a legally married LGBTQIAN+ couple, the heir is exempt from inheritance tax. And if one spouse dies without leaving a will, the surviving spouse will be considered a legal heir with the right to inherit the deceased spouse's estate according to the law.
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5. Right to manage joint marital property: LGBTQIAN+ spouses have the right to manage joint marital property according to the law. This includes assets acquired during the marriage, such as salaries and bonuses, or assets acquired by one spouse during the marriage through a will or a written gift specifying it as marital property, as well as assets that are the proceeds of separate property. This also includes ownership of real estate such as houses/condominiums.
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