The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Thailand are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal. Legalization of same-sex marriage and adoption of children by married same-sex couples was signed into law in 2024, and came into force on 23 January 2025. Thailand was the first Asian UN member state to pass a comprehensive same-sex marriage law, making it the 38th country in the world to do so. About 8% of the Thai population, five million people, are thought to be in the LGBTQ demographic.
In 2013, the Bangkok Post said that "while Thailand is viewed as a tourist haven for same-sex couples, the reality for locals is that the law, and often public sentiment, is not so liberal." A 2014 report by the United States Agency for International Development and the United Nations Development Programme said that LGBTQ people "still face discrimination affecting their social rights and job opportunities", and "face difficulty gaining acceptance for non-traditional sexuality, even though the tourism authority has been promoting Thailand as a gay-friendly country".
Changes in attitudes and public policy towards LGBTQ issues began to occur in Thailand during the 1990s and, in particular, the early part of the 21st century. In 2015, Thailand enacted a comprehensive anti-discrimination law, which covered sexual orientation and gender identity. In 2022, a group of bills were introduced in the Thai parliament that would have granted either civil partnerships or full marriage for same-sex couples, but did not reach their final readings before parliament was dissolved for the 2023 elections and consequently lapsed. In November 2023, the Srettha Thavisin-led Cabinet approved a draft same-sex marriage bill, which was considered by Parliament on 21 December 2023 along with three similar drafts proposed by opposition parties and the civil sector. All four passed overwhelmingly and was combined into one bill, which passed the House of Representatives on 27 March 2024 and the Senate on 18 June 2024.
Legality of same-sex sexual activity Private, adult, consensual, and non-commercial sodomy was decriminalized in Thailand in 1956.UNDP, USAID (2014). Being LGBT in Asia: Thailand Country Report . Bangkok. Retrieved 21 April 2024. However, same-sex attraction and transgender identities were still seen as socially unacceptable in many cases: those whose gender expression or behavior falls out of social norms are less likely to be tolerated or accepted. Through the Penal Code Amendment Act of 1997 (), the age of consent was set at fifteen years regardless of gender or sexual orientation. In 2002, the Ministry of Health announced that homosexuality would no longer be regarded as a mental illness or disorder. In 2007, the Thai Government expanded the definition of a sexual assault and rape victim to include both women and men. The government also prohibited marital rape, with the law stipulating that women or men can be victims.
Thailand has officially legalized same-sex marriage, becoming the first Southeast Asian nation to do so after King Maha Vajiralongkorn approved the bill on 24 September 2024. The law, effective in 120 days, grants same-sex couples full legal rights, marking a significant milestone for LGBTQ+ rights in the region.
Recognition of same-sex relationships and marriage
Thailand began performing and recognizing same-sex marriages on 23 January 2025. Thai opinion polls have consistently favoured legal recognition of same-sex marriages.
In June 2020, Move Forward Party deputy Tunyawaj Kamolwongwat introduced a bill to legalize same-sex marriage. The public consultation on the bill was launched on 2 July.
In 2021, the Constitutional Court ruled that Section 1448 of the Civil and Commercial Code interpreting marriages as only between women and men is constitutional, but after the release of full ruling, one phrase mentioned that members of the LGBTQ community cannot reproduce, as it is against nature, and they are unlike other animals with unusual behaviours or physical characteristics. The verdict cites LGBTQ as a different "species" that needs to be separated and studied as it is incapable of creating the "delicate bond" of human relationships. The text was criticised by the LGBTQ community as homophobic and politically incorrect.
In 2022, a group of bills concerning same-sex unions passed their first readings in the Thai National Assembly. These include the Marriage Equality Bill proposed by the opposition Move Forward Party, which would amend the current marriage law to include couples of any gender, and the government-proposed Civil Partnership Bill, which would instead introduce civil partnerships as a separate category, granting some but not all rights given to married couples. Despite several amendments, neither bill passed the Parliament before the end of the session.
On 14 February 2023, Bangkok's Dusit district became the first jurisdiction in Thailand to issue partnership certificates, which are legally non-binding, to same-sex couples.
In November 2023 Prime Minister Srettha Thavisin of the Pheu Thai Party announced that his Cabinet had approved a draft same-sex marriage law. Besides the government's version, three similar draft bills were also submitted by the Move Forward Party, the Democrat Party, and the civil sector, with all four entering parliamentary debate on 21 December.
In March 2024, Thailand's lower house passed the bill with 400 voting in favor to 10 opposing it. All major parties in the country had pledged to support the bill. On April 1, the senate approved the first reading of the bill with 147 votes for, 4 against, and 7 abstaining. On 18 June 2024, Thailand passed the same-sex marriage bill with the approval of 130 of the 152 members of the Senate in attendance, with 4 voting against it and 18 abstaining. It received the king's formal endorsement and was published in the Royal Gazette on 24 September 2024, and became effective 120 days later on 23 January 2025. The amendment to the Civil and Commercial Code replaces the terms "men and women" and "husband and wife" with the words "individuals" and "spouses". The law also allows same-sex couples to jointly adopt children. Thailand was the first Asian UN member state to pass a comprehensive same-sex marriage law, making it the 38th country in the world.
Adoption and parenting On 23 January 2025, adoption of children by married same-sex couples became legal in Thailand as a result of the Marriage Equality Act. However, single people and unmarried couples regardless of their sexual orientation or sex are not allowed to adopt children. The only exception is for single women petitioning for the adoption of a special-needs child.
Married same-sex couples are also expected to have access to in vitro fertilisation (IVF) at some point, but that requires a change in the law. Since the Marriage Equality Act came into force, the Ministry of Public Health has been working to amend the surrogacy law, but it is unclear how long that will take.
The bill to legalize adoption by same-sex couples was approved by the Thai parliament in June 2024. It was later signed into law by the King. The new law, however, does not change the existing adoption legislation to replace the terms "mother" and "father" with the gender neutral term "parent". LGBTQ activists have expressed concern that without this change there is risk to the parental rights of same-sex couples.
Thailand had long been a popular destination for surrogacy arrangements. In 2015, however, the Thai Parliament passed a law banning foreigners from travelling to Thailand to have commercial surrogacy arrangements. Only married couples as Thai residents are allowed to make commercial surrogacy contracts.
A 2024 poll found that 82% of surveyed Thais agreed that same-sex couples should have the same rights to adoption as opposite-sex couples. Of the 26 surveyed countries from around the world, Thailand ranked as number 1 in public support for adoption rights of same-sex couples.
Discrimination protections
None of the various Thai constitutions has mentioned sexual orientation or gender identity. Natee Theerarojnapong, of the Human Rights Commission, and Anjana Suvarnananda, a lesbian rights advocate, campaigned unsuccessfully for the inclusion of "sexual identity" in the Interim Constitution of 2006 and the Constitution of 2007. The 2007 Constitution did contain a broad prohibition of "unfair discrimination" based on "personal status" and promises to respect various civil liberties in accordance with "state security" and "public morality".
The Gender Equality Act B.E. 2558 () was passed on 13 March 2015 and came into force on 9 September 2015. This act bans discrimination based on gender identity and sexual orientation, and was the first law in Thailand to contain language mentioning LGBTQ people. Under the law, discrimination against a male, female or "a person who has a sexual expression different from that person's original sex" is punishable by up to six months in prison and a fine of up to 20,000 baht. However, the law specified an exception for "education, religion and the public interest", which was strongly criticised by women's rights groups. According to a 2021 Human Rights Watch report, implementation of the law has been spotty and inadequate. A 2019 UNDP report found that only 44% of LGBTQ respondents knew about this law, compared to 50% of non-LGBTQ respondents.
Gender identity and expression Gender-affirming surgeries have been performed in Thailand since 1975, and Thailand is among the most popular destinations globally for patients seeking such operations. Puberty blockers and cross sex hormones are also available to minors in Thailand. Transgender people are quite common in Thai popular entertainment, television shows and nightclub performances; however, transgender people lack various legal rights compared to the rest of the population, and may face discrimination from society.
Transgender people face substantial barriers to employment, including full-time work, executive positions or promotions, according to 2015 research for the International Labour Organization. Discrimination in job applications also often discourages transgender people from seeking further employment opportunities or entering the job market. The research also found that they are faced with "daily discrimination and humiliation" which often cuts short their careers. An editorial in the Bangkok Post in 2013 noted that "we don't find transgenders as high-ranking officials, doctors, lawyers, scientists, or teachers in state-run schools and colleges. Nor as executives in the corporate world. In short, the doors of government agencies and large corporations are still closed to transgender women."
In 2007, the Thai National Assembly debated allowing transgender people to legally change their names after having a sex change operation. The legislature passed a law named Persons' Name Act which created an avenue for transgender people to change their names but not their legal gender. Approval of the request for name change is not guaranteed, as it is up to the discretion of individual administrators.
Post-operation male-to-female transgender government employees are not granted the right to wear female uniforms at work, and are still expected to perform military service. Specific cases of inequality include a hospital which refused to allow a transgender woman to stay in a woman's ward, even though she had undergone sex reassignment surgery.