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Enacted the Marriage Act Right to same-sex registration

Enacted the Marriage Act Right to same-sex registration - HealthServ

The Cabinet approved Draft of the Marriage Act enacted to support individual rights "People with gender diversity", the essence consists of 4 categories.

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  • 156 Date: 14.06.22 Update: 14.06.22
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The Cabinet approved Draft of the Marriage Act enacted to support individual rights "People with gender diversity", the essence consists of 4 categories: registration of life partners, Marriage, adoption and inheritance conditions are laws that are in line with global and international society in regards to LGBT acceptance.
 
 
On June 7, 2022, the Cabinet passed a resolution approving the Draft of the Marriage Act. As proposed by the Ministry of Justice by the Draft of the Partnership Act proposed by the Ministry of Justice It was enacted as a specific law to support the "rights and duties of LGBT+ people".
 
In other words, it is a law for upholding the fundamental rights of human beings. that has been certified in an international way, aiming to promote and strengthen "Families formed between LGBTI people" in line with today’s world society.
 


The essence of this Act consists of 4 chapters 46 sections as follows:
 
Prologue, important definitions, especially the word “life partner”
 
 
 
Chapter 1: Life Partner Registration Registration of Marriages
Define the regulations and processes for the registration of a life partner.
 
Chapter 2: Relationships
- Determine the responsibilities of life partners to one another and in the event that couples cannot live as a normal family.
- Requires that, in the absence of a particular provision in this section, the family provisions of the Civil and Commercial Code apply to the spouse, including aspects such as the spouse’s domicile. The authority to govern on behalf of the victim and the authority to pursue the spouse’s death.
- Connection between married couples.
- Property between couples, personal property, joint property of spouses, including joint administration of property by the spouses.
- Cancellation of a spouse’s registration - dissolution of a life partnership.
 
Chapter 3 : Adopted Child
 
Chapter 4 : Inheritance
 
 
 
Determine rights and duties of spouses according to the Draft of the Marriage Act such as
1) The duty to support each other.
2) The power to act on behalf of the injured person in a criminal case as husband or wife
3) Joint adoption rights.
4) The right to inherit as a statutory heir.
5) Rights and duties of being a guardian or guardian If the other party is a homeless person or virtual incompetence.
6) The right to sign consent to medical treatment of the other party.
7) The right to manage the funeral.
 
 

For the essence of the draft Act, such as
 
Married couples refer to two persons of the same sex at birth. and has registered a life partner under this Act
 
Designate a court with juvenile and family jurisdiction have the power to consider and adjudicate cases under this Act
 
Marriage registration can only be done if both parties agree, are 17 years of age and both have Thai nationality. or either party has Thai nationality including stipulating a person prohibited from registering a life partner, for example, both of them are blood relatives being a sibling of one’s parents or a joint father or mother, etc.
 
In the event that a minor will register a life partner Must obtain the consent of the father, mother, adopter, guardian or court
 
Prescribe provisions to support the relationship of life partners, such as having to live together as a family and support and support each other according to their abilities and status.
 
The spouse has the power to act on behalf of the victim as well as the husband or wife. and has the power to continue prosecuting the different deceased as the husband or wife under the Criminal Procedure Code (Criminal Procedure Code).
 
property between spouses Divided into personal property and joint property
 
termination of marriage Married couples will end in death. The court ordered the revocation. or the termination of a life partner including setting the grounds for filing a lawsuit for termination of being a spouse, for example, whether one partner supports or praises another person as a spouse, misbehaves, injures, physically or mentally tortures Willingly abandon the other party for more than 1 year
 
An adopted child, when the spouse has complied with the conditions of this Act and the Civil and Commercial Code, can adopt a child. Including one spouse may register to adopt a minor who is an adopted child of the other spouse as his or her adoptive child.
 
When either partner dies The other spouse shall have the same rights and duties as the spouse in accordance with the provisions of the Civil and Commercial Code on Inheritance.
 
stipulates that the provisions of the Civil and Commercial Code on spouses, families and adopted children to apply to the spouse mutatis mutandis in some cases
 
 
 
 
The draft law amending the Civil and Commercial Code (No. ..) B.E. .... has the following significance:
1. A man or a woman cannot marry while he or she has a “spouse” or “life partner”.
2. The grounds for filing for divorce include In the case of a husband or wife who cares for or praises others as a “life partner”.
3. Grant the right to receive a living allowance in the event of a divorce. If the party receiving the living allowance remarries or registers a spouse.
 
The rights related to the spouse in other laws Additional studies will be conducted to improve further. After this bill comes into effect 
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