The Recognition of Foreign Same-sex Marriages

Abstract

Same-sex marriage is recognized in many countries; however, it is a new category of family institution for Thai society. If there will be a same-sex marriage law in Thailand, any related legislation must be amended to make them consistent with the same-sex marriage law. Recognition of foreign same-sex marriages is not complicated because there is a comparable institution. However, if we allow a civil partnership, we still need to amend related laws and conflict of laws rules for the same reason. But the recognition of foreign same-sex marriage may be limited for some cases because the registration is not a marital institution. Although the latter cannot be compared to recognition of foreign marriage concluded between a man and a woman, it could be qualified as a contract. However, lack of the law on same-sex marriage, the recognition of marriage celebrated abroad will only rely on a judicial judgment. A result may depend on circumstances of each case. Moreover, a legal certainty should be considered by State also.