Legal Landscape of LGBTQ+

Thailand has always been perceived as an LGBTQ friendly country in Asia. That has a very vibrant nightlife where one will many times find the LGBTQ community gathering. In reality Thailand is a very conservative society that has allowed gay rights in Thailand.

The question is does the legal system keep up with these standards. As an example we will explore the legal framework affecting gay people in Thailand. Likewise the status of marriage equality, the rights of LGBT+ individuals in family and adoption law. Lastly we will cover the legal recognition of transgender identities. See also same sex marriage in Thailand as well as same sex prenuptial agreement.

Criminalizing homosexuality and consensual same sex activity stopped in 1956. The age limitation was set the same way a heterosexual relationship was set at 15 years under the Thai Penal Code.

Thailand does not criminalize homosexuality, and consensual same-sex activity has been legal since 1956. The age of consent is equal for both heterosexual and homosexual individuals, set at 15 years under the Thai Penal Code. This puts Thailand ahead of many countries in the region where same-sex relationships are still criminalized. In 2015, Thailand tabled the Gender Equality Act of 2015 which eliminates all the discrimination based on gender. Enforcement of the law remains weak. You can see examples of this in the history of gay rights in Thailand on this website.

.As an example in the work place in Thailand. The Labor Protection Act does not go far enough for the protection of gay rights. There are no LGBT+ protection in the Act. The Gender Equality Act was paramount to changing this in the country.

Marriage equality in Thailand has been a very contentious issue. Same Sex marriage was not recognized in Thailand until this year in 2025. There should have been changes made in Thailand to the Civil and Commercial Code in the country. This defines marriage as a union between a man and a woman. This excluded same sex marriage which affected a same sex couples. This also affected inheritance rights, spousal benefits, hospital visitation, and joint property ownership.

In 2020, the Thai government introduced a Civil Partnership Bill that aimed to provide same-sex couples with limited rights similar to those of married couples. This bill was there to ensure inheritance rights as well as adoption rights. Many viewed this as giving same sex couples a second class citizenship as it would create a a separate legal status, Because of this the government two years later started a revised bill to amended to Civil and Commercial Code defining a couple. This new bill became the Marriage Equality Bill, This bill was passed in 2023 and it passed the first reading in the House of Representatives, marking a historic step.

However, progress stalled as conservative lawmakers and religious groups thought that this would affect the normal traditional family values. The Senate has yet to approve the bill, and it remains in committee for further deliberation as of 2025. In January 2025, we saw the Marriage Equality Act, You can read the progress of the Marriage Equality Act throughout the years under the page called LGBTQ rights in Thailand which cover it from the late 1990’s.

Family law in Thailand remains a deeply heteronormative society. Likewise you will note that currently, only married couples can jointly adopt children. This was because same-sex couples cannot marry, they are effectively excluded from the legal adoption system.

Single LGBT+ individuals may apply to adopt a child in Thailand. However the process was difficult and inconsistent for same sex couples. Adoption agencies often discriminate against openly gay applicants. Likewise social service officials may use moral or cultural grounds to reject applications. There Has always been an issue with there being no specific guidelines on how to assess the suitability of LGBT+ individuals or couples to adopt, leading to discretionary and potentially biased decisions.

Even in cases where one partner in a same-sex relationship. Then adopts a child as a single parent. The non-adoptive partner has no legal rights or responsibilities toward the child. This creates an issue as the legal void creates complications with inheritance, medical decision-making as well as with child custody in the event of a separation or the death of one partner.

As with the Civil Partnership Bill proposed in 2020. There was very limited provisions for adoption. This as it did not not grant the same full parental rights as a heterosexual married couple. There was unequal treatment and the law would need family law reform, that includes and protects all family structures.

Likewise efforts to address this inequality was ongoing. In addition, activists and lawyers have filed petitions in the Constitutional Court to challenge the discriminatory aspects of the Civil and Commercial Code. Likewise arguing that denying same-sex couples the right to adopt violates the constitutional principle of equality.

The social visibility of transgenders in Thailand is high. We know this from the entertainment industry and fashion industry. This however has not translated into legal recognition or protection. The new law starts to change the process of changing their passports and their Thai ID cards. This also includes those who have had gender-affirming surgery.

A good example in the Thai military is that those transgender people who have undergone cosmetic breast surgery. In other words those who have had surgical transitioning, or hormone therapy. They may be exempt from the military. Now once a physical examination has proven the alterations. The trans women are classified as having “gender identity disorder” and are then exempted from the draft.

You may recall a few years back when Thai women were allowed to change their surname and change in marital status in Thailand. We have added those article on here a few years back. The question was could transgenders in Thailand also change their status. This brings back the Gender Recognition Bill, which has been under discussion since 2015. This would allow individuals to change their legal gender (See the issue was raised then witht he changing of the marital status amendment) based on self-identification without requiring surgery. This was not allowed and is still out there. Already in 2022 the National Human Rights Commission of Thailand advocated for the change in legal identity.

Since there has been no change in gender status. Certain universities and employers have allowed students and staff to self identify. This is not legally recognized however this is a patchwork until the law changes again.

Thailand is a country in the middle of social flux. It has always had a very tolerant culture with widespread LGBTQ visibility. This comes with a slow but growing support for equality. On the other, its legal system continues to exclude and marginalize LGBT+ individuals in fundamental ways. Legal reform is essential for achieving true equality. This requires not only changes in legislation but also public education

Thailand as it stands now has the opportunity to become a regional leader in LGBT+ rights. This with its with sustained activism, supportive public opinion, and international pressure. The country could realize its potential as a genuinely inclusive society where all citizens, regardless of their sexual orientation or gender identity, enjoy equal protection under the law.

We have referenced a number of laws above. These include the Gender Equality Act, B.E. 2558 (2015) which we wrote about before. There is also the Civil and Commercial Code of Thailand when it comes to marriage. Likewise the Civil Partnership Bill (2020 Draft) which is still in a draft format for change gender legally.

Religion and Cultural Attitudes Toward Homosexuality

We have written over the years extensively on gay rights in Thailand as well as same sex marriage in Thailand. We will highlight some of these issues here again. Buddhism and Tolerance is important. It teaches tolerance and accepting things as they are. We have before explored how Thai Buddhism generally tolerates homosexuality but stops short of full acceptance. There is a good example of a gay person wanting to become a monk. The problem was that she had breast implants but no other surgery. She had to remove the implants and then he could become a monk. This was highlighted in transgender becomes a monk article we wrote before.

If you have lived in Asia you will come to understand the concept of saving face. You will understand how important family is in Thailand and how they want their children to get married. This affects the gay community as well. Likewise there is a difference between rural Thailand and urban Thailand as well. You are more likely than not better off in Bangkok that living in Isaan if you are gay.

We have covered many of these issues elsewhere on this website. You can see this by going to the top of the menu and see LGBTQ in Thailand for more articles on these issues.