On January 23, 2025, Thailand legalized same-sex marriage, becoming the only Southeast Asian nation to have adopted such legislation. The new law amends Book V of the Civil and Commercial Code (CCC), which covers family law, marriage, divorce, adoption, and inheritance.
The CCC amendments replace gender-specific terms such as “husband” and “wife” with the gender-neutral term “spouse.” The modification applies to over 60 sections of the CCC that extend to same-sex couples the same legal rights, responsibilities, and protections granted to heterosexual couples, including in engagement (sec. 1435), marriage registration (sec. 1448), joint management of assets (sec. 1465), and guardianship (sec. 1598/19-1598/37).
The legislation gained final Senate approval in June 2024. It was published in the Royal Gazette on September 24, 2024, and took effect 120 days later, allowing same-sex couples to register their marriages beginning on January 23, 2025.
Major Amended Provisions
The new law makes the following changes to the CCC:
- Section 1448 (Equal Marriage Rights) defines marriage as a legally recognized union between two individuals and provides for marriage rights of same-sex couples.
- Under Section 1598/17 (Parental Rights and Adoption), same-sex married couples receive the same rights to adopt children as opposite-sex couples.
- Sections 1600-1601 (Inheritance and Property Rights) ensure that spouses in same-sex marriages are entitled to inheritance rights, intestate succession, and co-ownership of property, consistent with existing provisions applicable to opposite-sex spouses.
- Section 1516 (Spousal Benefits and Family Law Protections), which governs divorce proceedings, guarantees that same-sex couples are accorded the same legal protections and obligations in cases of marital dissolution.
In addition, the law raises the minimum age for marriage from 17 to 18 years old (sec. 1435), aligning Thailand with the United Nations Convention on the Rights of the Child, which the nation acceded to in 1992.
Parental Rights, Employment Implications
The CCC amendments do not revise the definition of “parents” (sec.1564) from “a mother and a father” to gender-neutral terms.
The CCC amendments impact employment and corporate policies. Employers must ensure that workplace policies comply with the new law’s mandates. Spousal benefits, including health insurance and retirement pensions, must be equally available to employees in same-sex marriages, aligning with employee welfare and benefits provided to male and female spouses in opposite-sex marriages.
Prepared by Panicha Rattanaboonsen, Law Library Intern, under the supervision of Sayuri Umeda, Foreign Law Specialist
Law Library of Congress, March 18, 2025
Read more Global Legal Monitor articles.
Read Law Library reports on Thailand.