Same-sex couples to have a host of similar rights as opposite-sex partners

The Cabinet approved the Civil Partnership Bill and legal amendments proposed by the Justice Ministry on Tuesday, which will allow same-sex couples to get married and start families.

The approval came after LGBTQ+ people had called for the right to start a family, while religious leaders did not object to amended or new laws because they understood that Thailand is a multicultural society, said deputy government spokesperson Rachada Dhnadirek.

She explained that the bill would give same-sex couples the right to take care of each other, manage any legal action on behalf of their partner in criminal cases, adopt, receive inheritance, sign consent for medical treatment or funeral arrangements.

Here are some details of the bill:

1. Civil partnership means same-sex couples who register for marriage.

2. The court has the authority to consider juvenile and family cases under the bill.

3. Civil partnership marriage can be carried out when both parties give their consent, are 17 years of age or above and one or both have Thai nationality. However, relatives and siblings are prohibited from coming together in civil partnership marriage.

4. Youths who want to register for a civil partnership marriage must receive the consent of their parents, guardians or the court. They will be of legal age on getting married.

5. Provisions to support same-sex couples have been implemented, such as allowing them to live as a family and take care of each other based on their ability and status.

6. If one of the same-sex couple faces criminal charges or becomes a victim in an incident, the partner has the authority to manage any action on their behalf under the Criminal Procedure Code, similar to an opposite-sex couple.

7. Civil partnership properties include personal and joint properties.

8. Civil partnerships can be ended by death or by a court ruling, such as when either individual resorts to ill-behaviour, harms or tortures their partner or willingly abandons their partner for more than a year.

9. Same-sex couples can adopt children under the bill, including stepchildren from other same-sex couples.

10. Once either party dies, their partner has the right to manage/own any inheritance similar to opposite-sex couples.

11. Provisions under the Civil and Commercial Code on spouses, family and adopted children can be enforced against same-sex couples in some cases.

According to Rachada, here are some details of legal amendments:

• Men or women cannot register for marriage if they have a spouse or partner.

• Same-sex and opposite-sex couples can file for divorce.

• Men or women will not receive any subsidy for divorce once they register for marriage or civil partnership again.

Further study will be conducted on same-sex couples’ rights once the bill comes into effect, Rachada added.