A petition has been submitted to allow LGBTI individuals to obtain Thai citizenship in response to the Marriage Equality Law, according to the Secretariat of the House of Representatives.
Chatchai Emraja, lawyer and adviser to the Parliamentary Committee to Scrutinise the Act for Amendment to the Civil and Commercial Code, recently filed a petition to revise the Nationality Act of 1965. Under Article 9, only a foreign woman who marries a Thai man can obtain Thai citizenship, which is built on an idea from the Cold War that foreign men could marry and engage in espionage.
"As everybody can now marry regardless of sex, discrimination should be eliminated in the context of granting citizenship. It is important to amend the law to pave the way for diverse forms of families," Chatchai told the press at Parliament Building.
The Marriage Equality Law gives LGBTI couples the same legal rights as heterosexual couples. These rights include the ability to adopt children, manage and inherit property, the right to divorce, access to state welfare if their spouse is a civil servant, and tax deductions. Following legalisation of same-sex marriage, any law that includes "husband and wife" is now deemed to be "spouse". Nevertheless, nationality and surrogacy laws are two exceptions that must be revised. It is compulsory that amendments be submitted to the cabinet within 180 days.
LGBTI couples register their marriage at Siam Paragon. (Photo: Nutthawat Wichieanbut)
According to Thai PBS, Dr Panuwat Panket, director-general of the Department of Health Service Support, said the amendment to surrogacy includes replacing "husband and wife" with "spouse". A surrogate mother must be a relative. If there is no relative, a woman who is not genetically related can be used. Moreover, the proposal will allow foreign couples to access surrogacy in Thailand, but a surrogate mother must have the same nationality as either spouse.
People's Party MP Tunyawaj Kamolwongwat, vice-chair of the Committee on Children, Youth, Women, Older Persons, Persons with Disabilities, Ethnic Groups, and LGBTIs, said the issue of granting Thai citizenship shows that gender inequality affects not only LGBTI people but also men and women. In response to marriage equality, the committee will study and amend relevant sections of the nationality law.
