Gender Recognition and Marriage under The Civil and Commercial Code, Book 5
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Abstract
The Civil and Commercial Code stipulates that marriage requires spouses of different genders, that is, one party is male and the other is female. Both males and females are based on their biological sex. This requirement is therefore an obstacle for LGBTQ people who live together as a couple, especially people who have undergone gender reassignment surgery. However, there is no law to recognize the status of such persons, thus they cannot be legally married. The objectives of this research are to study the concepts and feasibility of gender recognition and protecting the marital rights of LGBTQ people. These will result in those who are certified to exercise their marriage rights according to the new gender identity under Thai Civil and Commercial Code, Book 5. The insights of the research can be integrated into teaching and learning in a Family Law course.
The results of this research found that (1) the State should enact legislation certifying the gender status of LGBTQ individuals who have undergone gender reassignment surgery, (2) the State should push for more effective protection of LGBTQ rights, and (3) the State should push for the recognition of a new sexual status so that such status can be used for marriage registration under the provision of the Civil and Commercial Code, Book 5.
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