Gay Adoption: A New Step Toward Building a Complete Gay Family

As Thai society becomes more open and embraces diversity, the fight for gender equality that has lasted for more than 20 years has achieved a major milestone: the passage of the Marriage Equality Law. This law not only gives couples the legal right to share their lives together but also opens an important door for LGBTQ+ couples to fulfill their dream of building a warm gay family. One of the most important rights that follows is the legal right for gay couples to adopt children, just like heterosexual married couples. This article explores the requirements, process, and important considerations for gay couples planning to build a family through adoption, helping them begin their journey to parenthood with greater preparation and happiness.

Marriage Equality: The Starting Point That Makes Gay Adoption Possible

Looking back, efforts to advance the rights of sexually diverse people in Thailand faced many obstacles. As early as 2001, Police Captain Purachai Piamsomboon proposed allowing same-sex couples to register their marriages, but the idea was eventually dropped due to opposition. Legal reform gradually progressed over time. On June 7, 2022, the Cabinet approved the draft Civil Partnership Act, one of the early steps toward allowing same-sex couples to adopt children and manage inheritance.

After years of effort, the Marriage Equality Act was published in the Royal Gazette on January 22, 2025. This law marked a new chapter in history, not only allowing same-sex couples to register their marriage but also granting them the right to jointly adopt children. Previously, LGBTQ+ couples faced limitations because an adopted child could legally be under the guardianship of only one registered adoptive parent. The new law allows both parents to have equal legal guardianship of the child.

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Interesting Statistics on Building Gay Families in the Modern Era

The strong interest in and anticipation of this right is clearly reflected in the statistics. From the Marriage Equality Law taking effect on January 23, 2025, through the end of May 2025, 15,286 same-sex couples registered their marriages nationwide. This accounted for 12.60% of all 121,342 registered marriages during the same period. These figures show that many couples are ready to take the next step toward building stable families.

Requirements and Conditions for Gay Adoption

The law sets strict standards for adopting and raising a child as one’s own, with the child’s welfare as the highest priority. Gay couples who wish to legally register an adoption must meet the following requirements and conditions:

1. Age Requirement: The adopter must be at least 25 years old and, importantly, must be at least 15 years older than the adopted child (under Section 1598/19 of the Thai Civil and Commercial Code).
2. Spousal Consent: If you are legally married under marriage equality, you must obtain your spouse’s consent before adopting a child (under Section 1598/25 of the Thai Civil and Commercial Code).
3. No Legal Disqualifications: The adopter must not be bankrupt, legally incompetent, or quasi-incompetent, and must have no prior criminal record (under Section 1587 of the Thai Civil and Commercial Code).

Checklist of Important Documents for Adoption

In addition to meeting the basic eligibility requirements, preparing all required official documents is the first step toward making the application process with the Juvenile and Family Court as smooth and efficient as possible. Building a gay family through the legal process requires documents proving readiness in several areas, including:

1. Identity and Family Status Documents

• National ID cards and household registration documents (for both the adopter and spouse)
• Marriage certificate (to confirm marriage status under marriage equality)
• Spousal consent letter (if the application is not submitted together)

2. Documents Proving Financial and Employment Readiness

• Salary certificate or proof of self-employment
• Bank statements for the past 6 months to demonstrate sufficient financial liquidity and stability to support a new family member.
• Proof of ownership of other assets (if any), such as land title deeds or home loan agreements, to confirm that the child will have stable housing.

3. Health and Criminal Record Documents

• Medical certificates confirming that you and your spouse are in good physical health and have no serious or infectious diseases that could interfere with raising a child.
• A criminal record check issued by the Royal Thai Police, which is an important requirement for the court’s consideration to ensure the child’s safety.

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4. Photos of the Living Environment

• Photos of the house or condominium, both exterior and interior (the child’s bedroom, living areas, and surroundings), so officials or the court can see the environment in which the child will grow up.

Summary: Adoption Eligibility Requirements

4 Legal Steps for Gay Adoption

Building a complete family through adoption is more than simply raising a child. It requires legal proceedings and proper registration to ensure you have full legal rights to care for and protect the child. The steps are as follows:

• Step 1: Reach an Agreement and Choose an Adoption Agency
  • The couple must first agree on where to adopt a child from, whether directly from the child’s biological parents whom they know, or through a government or private child welfare institution.
• Step 2: Submit an Application to the Juvenile and Family Court
  • Once an agreement has been reached, the spouses must submit all required documents and the adoption application to the Juvenile and Family Court in their local area.
• Step 3: Court Review Process
  • At this stage, the court will assess whether the couple is suitable and sufficiently qualified to adopt a child. Factors considered by the court include:
    • Care and Attitude Toward Parenting
    • Experience in Raising Children (if any)
    • Financial and Employment Stability
    • A Living Environment Suitable for a Child
• Step 4: Registration at the Civil Registration Office
  • Once the court approves the adoption and issues an order, you must take the court order and approval documents to register the child as your adopted child at the district registration office or local registration office where the applicant is domiciled. Importantly, the registration must be completed within 6 months from the date you receive notice of approval.

Beyond the Law: Being Ready to Build a Family

Being legally able to adopt a child as a gay couple is only the beginning. Becoming a parent requires time, effort, emotional commitment, and financial resources to help the child grow up well. Here are the two key areas you need to prepare for:

1. Financial Planning

Raising one child from birth through university graduation today may cost several million baht. Couples should discuss and plan together:

• Education Fund: Have you started saving or investing for your child’s future tuition and education expenses?
• Health and Accident Insurance: A child’s illness can be unpredictable. Having health insurance for your child can help protect the family from unexpected financial burdens.
• Hidden Daily Expenses: Food, clothing, toys, and skill-building activities are all additional monthly expenses.

2. Emotional Readiness and Dealing with Questions from Society

Although Thai society has become more open, we cannot deny that children growing up in gay families may face questions from classmates or people around them, such as, “Why do you have two dads?”

Being prepared for this is very important. Parents should create an environment filled with love and understanding and teach their child to be proud of their family. Speaking honestly with the child from an age when they begin to understand, and using storybooks or media that discuss family diversity, can help build emotional resilience and help the child grow into a confident and strong person.

Additional Considerations Before Building a Family

In addition to the basic process, there are sensitive legal details that prospective adoptive parents should be aware of:

• Consent from the Existing Guardian: If the child still has biological parents, their consent must be obtained first. If the child has no parents, whether adopting through adult relatives or a child welfare institution, consent must still be obtained from the person or authority holding legal guardianship of the child at that time.
• Consent of the Child: If the child to be adopted is over 15 years old, the child must personally give consent to the adoption.

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What Challenges May Gay Families Face?

Although gay adoption is now legally recognized, LGBTQIA+ families still face some legal gaps that need to be addressed. Currently, around 50 laws related to other spousal rights are still awaiting revision.

One clear issue is “having children through assisted reproductive technology,” particularly surrogacy laws. A new law is currently being drafted to extend these rights to couples under marriage equality and foreign nationals. As reproductive technologies are still not legally available to gay male couples, adoption remains the main option that is safe, clear, and legally recognized for building a family. In addition, for married couples where one spouse is a foreign national, nationality laws may still affect their rights because existing provisions continue to specify gender, limiting the rights of same-sex spouses.

Voices from Couples: The Meaning of Gay Adoption and Marriage Equality

Gaining various rights, including the right to adopt children, has completely changed the perspectives and quality of life of LGBTQ+ couples.

“Before marriage equality, you could say we had almost no rights, especially the right to have our love recognized as having the same value and dignity as everyone else’s love… But after registering our marriage, we have the same dignity as other married couples… No one can refuse to recognize us anymore, because marriage equality means our rights no longer depend on anyone’s acceptance. They are rights granted by law.”
— Chatchai Emmarat, lawyer and independent academic, who registered his marriage with Pachira Emmarat

These expanded rights also provide greater stability for couples, including the right to give consent for emergency medical treatment, apply jointly for a home loan, and manage shared property. These rights give couples greater confidence in building a stable family foundation for adopting children in the future.

Rights and Benefits a Child Receives Through Legal Adoption

Once the court process is completed and the adoption is officially registered, the law protects the child in the same way as a biological child. These rights help create a stable foundation for the family, including:

• Right to Use the Family Name
  • The child has the right to immediately take the adopter’s family name, helping create a stronger sense of belonging and unity within the family.
• Inheritance Rights
  • An adopted child is considered a first-priority statutory heir, with the same status as a legitimate child. If the adopter dies without leaving a will, the child has full legal inheritance rights.
• Tax Benefits for Parents
  • Adoptive parents can claim a personal income tax deduction for an adopted child, subject to the conditions set by the Thai Revenue Department. The current deduction is 30,000 baht per child.
• Rights to Allowances or Civil Servant Benefits
  • If you or your spouse is a civil servant or works for a company that provides benefits for children, an adopted child may also be entitled to those benefits, such as medical expenses or education allowances.

Note: On the other hand, the law does not require an adopted child to be responsible for the adopter’s debts, and the adopter has no right to inherit from the adopted child as a statutory heir.

Gay Adoption Abroad: The Direction Thailand Is Moving Toward

Granting gay couples the right to adopt children is not new internationally. Today, more than 30 countries worldwide legally allow same-sex couples to jointly adopt children, including the Netherlands (the first country to allow it in 2001), the United Kingdom, the United States, Canada, and Australia. Multiple studies from globally respected institutions, such as the American Academy of Pediatrics (AAP) and the American Psychological Association (APA), consistently confirm that:

“Children raised by same-sex parents show no differences in emotional, intellectual, and social development compared with children raised in heterosexual-parent families. What determines a child’s quality of life is not the gender of the parents, but the love, care, and stability within the family.”

Thailand’s passage of the Marriage Equality Law and the recognition of this right represent an important step in raising human rights standards to the level of other developed countries. It also shows that the definition of a gay family in Thai society has evolved from simply being “people living together” to a family institution that is genuinely protected by the state.

A More Open Future for Gay Adoption

The passage of the Marriage Equality Law marks an important milestone in advancing human dignity and civil rights in Thailand. Gay adoption is no longer something distant or merely a dream, but a right that is legally recognized and fully protected. A gay family filled with love, warmth, and stability can now become a reality through the legal process and civil registration system that provide equal recognition.

For couples preparing to become parents, beyond preparing documents and understanding the legal requirements, emotional and financial readiness, as well as making time to care for the new family member, are essential to helping your family grow strong and happy in today’s society.