Same-Sex Marriage: Updated Registration Process at Overseas Thai Embassies and Consulates-General to Reflect New Legal Landscape

On 24 September 2024, Thailand took a historic step forward in its commitment to equality by enacting the Same-Sex Marriage Act, officially amending the Civil and Commercial Code (CCC). Published in the Royal Gazette, this landmark legislation replaces gender-specific terms like “husband” and “wife” with gender-neutral terms such as “spouses” and “individual”, legally recognizing same-sex marriages. The law came into effect on 23 January 2025, following a 120-day grace period, and has been met with widespread public support. On its first day of enforcement, many same-sex couples enthusiastically registered their marriages, marking a significant milestone in Thailand’s journey toward inclusivity.

However, while the new law represents a major leap forward, some authorities’ processes still need to catch up. In particular, the registration process at Thai embassies and consulates abroad has remained outdated, relying on forms that use traditional gendered terms like “male” and “female.” To address this, the Cabinet has approved a Draft Ministerial Regulation proposed by the Ministry of Foreign Affairs (MFA) under the Family Registration Act B.E. 2478 (1935). This regulation aims to modernize the registration process, ensuring it aligns with the Same-Sex Marriage Act and better serves Thai citizens worldwide. The Ministerial Regulation proposed by the MFA under Family Registration Act B.E. 2478 (1935) as approved by the Cabinet was published in the Royal Gazette on 23 January 2025 and has now come into force.

Key Revisions Proposed in the Ministerial Regulation:

1. Unified Application Form: Previously, five separate application forms existed for different registration types. The new proposal consolidates these into a single and streamlined form. The application for family registration form has also been amended to remove gender specific terms like “male” and “female”, ensuring alignment with the Same-Sex Marriage Act.
2. Data Submission to Central Registration Bureau: After registration at overseas Thai embassies and consulates-general, registrars will submit details to the Central Registration Bureau through a computerized system for national database inclusion. When electronic submission is not possible, a certified registration copy will be sent to the Ministry of Foreign Affairs, which will forward it to the Ministry of Interior for processing.
3. Revised Government Fees: Government fees will be updated to reflect the new process. The fee for a certified copy of registration certificate will increase from 2 THB to 300 THB, and the fee for requesting information from the Central Registration Bureau will similarly rise from 4 THB to 300 THB.

Conclusion:

The revisions to the registration process at overseas Thai embassies and consulates-general represent a significant step toward ensuring legal recognition of same-sex marriages domestically and internationally. By adopting gender-neutral language and unifying application forms, the Ministry of Foreign Affairs is aligning its procedures with the Same-Sex Marriage Act and contemporary societal norms.

While implementing these changes may require administrative adjustments, they are crucial to solidifying Thailand’s commitment to equality and inclusivity. These updates demonstrate the government’s efforts to adapt and ensure all citizens are treated with dignity and respect, regardless of gender or sexual orientation. Further amendments to current regulations are expected to comprehensively recognize same-sex couples’ rights and update laws to conform with current social standards.

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