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THAILAND

Male to Male relationships: Legal
Punishments for male to male relationships: No law
Female to Female Relationships: Legal
Age of consent: Equal for heterosexuals and homosexuals
Is it possible to change your gender on official documents?: No
Gay or lesbian able to serve in the armed forces: Yes

Your Views

Are you LGBTI? We want to hear from you! Help us inform other users of the site with your views on this country. Below is a random question about this country. If it is relevant to you please answer it.

Is your healthcare affected by your sexual orientation or gender identity in THAILAND?

The majority of people visiting this site have said No, my healthcare is the same

Yes, it is more expensive (0 %) Yes, I was dropped from my insurance plan (0 %) My coverage is different because of my sexual orientation (0 %) No, my healthcare is the same (100%)

The THAILAND country survey is populated by LGBTI groups who have acted as liaisons with ILGA to identify issues affecting the LGBTI community.

Organizations were asked to discuss 4 broad subjects: the law, the mood (the social climate), the LGBTI movement as well as what would be, according to them, the most pressing campaign in their country.

Please write to countryreport@ilga.org if you have comments regarding this page.

LAW
What are the laws and policies like for LGBTI people in your country?

Male to Male Relationships

Are male to male sexual relationships legal?
Legal

If unclear, how so?
N/A

Was it illegal at any given time in your country's history?
Yes

When was the law introduced? (DD/MM/YYYY)
01/12/1905

When was the law removed? (DD/MM/YYYY)
01/01/1957

What is the name of this law? (if applicable - please give chapter and section)
Criminal code (based on foreign models, including the Indian Penal Code). This law was repealed as part of a general revision in 1957 that dropped sections with no history of enforcement. As far as we know, there were never any prosecutions under the law. It is not generally remembered that there had been a prohibition.

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
No law

Were there men in jail or punished for same sex activity in the last twelve months in your country?
No

Are hate crimes based on sexual orientation considered an aggravating circumstance?
No

Incitement to hatred based on sexual orientation is prohibited?
No

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Female to Female Relationships

Are female to female sexual relations legal?
Legal

If unclear, how so?
N/A

Does the law applying for men also apply for women?
N/A

Was it illegal at any given time in your country's history?
No

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
N/A

Were there women in jail or punished for same sex activity in the last twelve months?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Age of Consent

Are there any age of consent laws for straight men or women?
N/A

Are the age of consent laws different for straight women to those for men?
N/A

What is the age of consent for males?
N/A

What is the age of consent for females?
N/A

Is there a different age of consent law for lesbians and gay men to that for straight men and women?
Equal for heterosexuals and homosexuals

Is there a different age of consent law for lesbians to that for gay men?
N/A

What is the age of consent for gay women?
N/A

What is the age of consent for gay men?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

Was the age of consent different between LGBTI/Hetero people in any given time of your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
1957

When was the law removed? (DD/MM/YYYY)
N/A

Links related to this section

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Uploaded documents for this section

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Freedom of association, of expression

Does the country have laws protecting freedom of expression?
Yes

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
The 1997 Constitution, sections 37-47, provide for freedom of expression and association.

What is the full text of this law?
N/A

Does the country have laws protecting freedom of association?
Yes

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
The 1997 Constitution, sections 37-47, provide for freedom of expression and association.

What is the full text of this law?
N/A

Are public demonstrations (marches,protest,parades,etc) by sexual minorities permitted?
Yes

Were public authorities usually collaborative at last events?
Yes

Here you can list the various times this occurred and tell us what happened then
A pride parade was first held in 1999 in Bangkok. This began a pattern of three annual parades, in Bangkok, Pattaya and Patong Beach (Phuket). Police and local authorities cooperated with these events. None of these parades are still held, but not because of legal or police problems. Pride events continue to be held in Pattaya, including a street party that blocks off a side street each year in early December. A small pride parade was held in Chiang Mai in January, 2008, as part of the ILGA Asia regional conference.

Did recent events see episodes of violence?
Yes

Here you can list the various times this occurred and tell us what happened then
Local activists tried to hold a pride parade in Chiang Mai in January, 2009. "Red Shirt" demonstrators, loyal to ousted Prime Minister Thaksin (who came from Chaing Mai) physically blocked the activists from leaving the area where the parade was to start. This confinement was done by threats of violence. No one was actually assaulted or injured. Police refused to intervene in this illegal action by the Red Shirt demonstrators, who said they were protecting northern Thai culture.

Links related to this section
N/A

Uploaded documents for this section
N/A

Marriage and Substitutes for Marriage

Is there any type of legal recognition for same sex relationships?
No

What types of same sex partnerships are recognized?
N/A

If unclear, how so?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the country recognize same sex partnerships or marriages when couples immigrate?
N/A

Links related to this section

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LGBTI Families/Parenting

Can gay or lesbian individuals adopt children?
N/A

In which areas can individuals adopt?
There has been no publicity about adoption issues. Most LGB people in Thailand are closeted, so it is likely that adoptions take place, but without disclosure of the sexuality of the individuals who are adopting.

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Can same sex couples adopt children together?
N/A

In which areas can couples adopt?
Since there is no legal recognition of same sex relationships in Thailand, it seems unlikely that any same sex couple have been able to adopt a child as a couple.

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is second parent adoption by same sex couples legal?
N/A

In which areas is second parent adoption legal?
N/A

Legal recognition of parental role of a non biological parent
N/A

In which areas?
N/A

What is the name of the law (chapter,section...) ?
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Lesbians can receive donor insemination services and fertility treatments
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

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Uploaded documents for this section

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Anti-discrimination laws

Does the law prohibit discrimination on the ground of sexual orientation?
No

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of sexual orientation in employment?
No

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Are trade unions actively supporting LGBTI people in the country?
No

Laws banning discrimination on the basis of sexual orientation in social services
No

Links related to this section

  • N/A

Uploaded documents for this section

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Armed forces

Gay or lesbian able to serve in the armed forces
Yes

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
There is compulsory military service for males, but on a lottery system. Transgendered individuals are rejected if they have had breast enhancement or genital surgery.

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

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Uploaded documents for this section

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Asylum and Immigration

Prohibition on entry into the country by LGB people
No

Country grants asylum on the basis of sexual orientation
Unclear

What is the name of this law? (if applicable - please give chapter and section)
Thailand has not signed the international treaties on refugees. Refugees in the country are members of ethnic or national groups from neighboring countries, mainly from Myanmar/Burma. There has been no publicity about individuals attempting to gain residency in Thailand on the basis of well founded fears of persecution in their home country on the basis of sexual orientation or gender identity.

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Blood donation

Is blood donation by men who have sex with men permitted?
Yes

Is blood donation by women who have sex with women permitted?
Yes

Is a man who’s had sex with another man banned from donating blood permanently?
No

Is a woman who’s had sex with another woman banned from donating blood permanently?
No

Is a man who’s had sex with another man banned from donating blood for a certain period of time?
No law

How long is the ban?
The stated policy of the government is that there is no ban on MSM donating blood. Since most LGB in Thailand are in the closet, it is unlikely, if they donate blood, that they would indicate that they are MSM. An activist who tried to donate blood and indicated he was MSM ran into great difficulties, suggesting that policy on the ground may be different than the stated government policy.

Is a woman who’s had sex with another woman banned from donating blood for a certain period of time?
N/A

How long is the ban?
N/A

Does a law mention this?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the full text of this law?
N/A

Links related to this section

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Uploaded documents for this section

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Gender identity

Is there a clear legal difference between homosexuality and transgenderism?
No

Do the same laws that ban homosexuality apply for trans individuals?
N/A

Laws prohibiting discrimination on the ground of gender identity
No

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is transgenderism classified as an illness?
Unclear

What is the name of this law? (if applicable - please give chapter and section)
Certain hospitals follow international standards for hormonal and surgical treatment of transsexuals, using the categorization of 'gender identity disorder.' Other hospitals and clincs do not follow those standards.

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Were there individuals in jail or punished for being transgender in the last twelve months in your country?
No

Is sex reassignment treatment and/or surgery under legal control?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your gender on official documents?
No

What are the requirements for one to change their gender?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your name on official documents?
N/A

What are the requirements to change your name?
No information

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of gender identity in employment?
No

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Laws banning discrimination on the basis of gender identity in social services
No

Trans individuals able to serve in the armed forces
No

Country grants asylum on the basis of gender identity
Unclear

Does a law mention this?
No

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Have the country’s citizens been granted asylum on the basis of gender identity?
N/A

Are hate crimes based on gender identity considered an aggravating circumstance?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

HIV/AIDS

What estimated percentage of the population is HIV+?
N/A

Compulsory testing for HIV
No

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can place people with HIV in quarantine
No

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can ban foreigners with HIV from entry
No

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can expel foreigners with HIV
No

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Antiretroviral drugs provided by the government
Yes

Please Specify
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

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