Thai law has always permitted same-sex unions, but not all families are created equal

In 2021, American businessman Jacob Holder met his Thai spouse, Surapong Koonpaew. Two years later, they were married in the US and moved back to Thailand, where they currently reside and work.

The marriage equality statute that was enacted by the Thai parliament last year will take effect on January 22nd, concluding decades of activist work, and their union will be recognized by Thai law this week.

Thailand will be the first nation in Southeast Asia and the third in Asia to accept same-sex weddings.

Although the new law is significant and progressive, it still presents challenges for couples like Holder and Surapong to establish a legally recognized family.

Elijah Bprin Holder Koonpaew, the couple’s baby, was born shortly after their wedding thanks to legal surrogacy in Colombia, as same-sex couples in Thailand are not permitted to use this option.

According to Jacob, Elijah Bprin, who is 18 months old, needs to be in Thailand on a tourist visa even though his U.S. birth certificate bears the names of both of his parents.

Because Thailand lacks a surrogacy statute for same-sex couples and has a stringent definition of a parent, Elijah and Surapong do not have a legal relationship.

Despite the marriage equality law’s passing, Thai legal rules still define a family according to the country’s conventional definition, which holds that a mother is a woman and a father is a man.

“Legally, they have no connection,” Jacob stated in reference to his son and his spouse, Surapong, a public worker who also goes by the moniker Keng.

“If tomorrow, God forbid, something did happen to me, we have real concerns (about) what then happens between Keng and our son under the eyes of the Thai law.”

Although it is uncertain how long the procedure would take and whether it will be successful, the Thai health ministry is working on a draft bill to permit same-sex couple surrogacy.

The adoption of a child by same-sex couples is now permitted in Thailand thanks to a new marital equality bill.

However, because of the legal definition of a parent, same-sex couples’ “qualification” as adoptive parents would really depend on official consideration, which might result in discrimination, according to experts.

“We’ve come a long way.”

While some politicians attempted to use a more gender-neutral definition of a parent during last year’s debate on the marriage equality measure, a majority of MPs rejected their efforts.

“This is the mindset that’s very much imbued in the lawmakers’ eyes (and) within the text of the law itself as well,” stated Mookdapa Yangyuenpradorn, an expert with the human rights organization Fortify Rights.

“That poses as really a hindrance in us trying to push for including a gender-inclusive term like parents into the law.”

Analysts predict that the new same-sex marriage law will accelerate efforts to include more LGBTQ individuals in Thailand, which is known for its acceptance of the community.

Nada Chaiyajit, a lecturer at the law department of Mae Fah Luang University, stated, “We have made significant progress in changing the law, and there is still room for greater inclusion.”

“We also still have to fight for social acceptance and that requires more than just changes to the law.”

In the hopes that Thailand would be a suitable country to raise a family, Jacob and Surapong intend to have another child shortly.

“We want these people (lawmakers) to see that we can have a normal functioning family, just like everybody else,” Surapong stated.