Several previous attempts to change Thai law to permit same sex marriages have been unsuccessful. Finally, in March 2024, the House of Representatives (the lower house) approved the first reading of such a bill. This has now also been approved by the Senate (the upper house). The draft bill will now be examined clause-by-clause, and this will include changes to the Civil and Commercial Code and other laws that will need to be made.
Fundamentals: The bill will change the concept of marriage by “a man and a woman” to “two individuals.” The concept of “a man and a woman” being married, will be changed to “a married couple.” It is proposed that equality between the parties to a same sex marriage and a non-same sex marriage should be established in in relation to tax allowances, adoption and other areas.
Comment: The bill will need to consider many different areas of the law, to establish equality of rights. These include:
- Grounds for divorce
- Custody/adoption of children
- Tax allowances
- Inheritance
- Intestacy
- Life insurance
- Pensions
- Social Security benefits
- Discrimination in services or education
- Visas/and work permits, particularly where a SS couple divorces, what will be the effect on pending applications for visas renewal, permanent residence or nationality.
The wide scope of the bill is expected to require significant time for consideration in committee stage. After being approved by both houses, it must also receive the Royal Assent. It is not likely to be passed into law, at the earliest, until the last quarter of 2024.
Finally, after this bill has been passed, Thailand will become the fifth country in Asia to approve same sex marriage, after Taiwan, Nepal, Australia and New Zealand.