Monday, August 10, 2020

Cabinet okays bill granting same-sex couples more, but not all, rights

Jul 08. 2020
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By The Nation

The Cabinet approved the draft of a civil partnership bill and amendments to the Civil and Commercial Code on Wednesday (July 8), deputy government spokesperson Rachada Dhnadirek said.

Under the civil partnership bill:

1. The term “partner” will define two persons of the same sex at birth;

2. Courts with jurisdiction over juvenile and family cases have the power to consider and adjudicate on the civil partnership bill;

3. Both parties must mutually agree to register the partnership, be over 17 of age, either both parties or one party must have Thai nationality;

4. In case partners seeking registration are below the age of 17, they must obtain written consent of parents, adoptee, guardian or court first;

5. Both partners will have the same rights as heterosexual couples as per the Criminal Procedure Code;

6. Partners will have equal rights to jointly owned private property and assets;

7. Same-sex couples will have the right to adopt children provided the decision is mutually agreed upon;

8. When one partner dies, the other will have the same rights and duties as heterosexual couples as provided in the Civil and Commercial Code on Heritage;

9. Provisions in the Civil and Commercial Code on spouses, families and adopted children will also apply to same-sex couples.

The amendments to the Civil and Commercial Code were as follows:

1. No man or woman is allowed to marry if they already have a spouse or partner;

2. One partner’s sexual tendency can be used as a reason to file for divorce;

3. New specifications on alimony if the recipient’s income or partnership status changes.

The Cabinet has instructed the Justice Ministry, which proposed the civil partnership bill and the amendments, to study the impact of the new law and see if they need to be further amended.

Although the new civil partnership bill gives same-sex couples the right to establish a family, it still does not give them all the same rights as heterosexual couples.

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