Section 1448 — Minimum age for marriage — 18
Statutory text (Thai original)
การสมรสจะทำได้ต่อเมื่อบุคคลทั้งสองฝ่ายมีอายุสิบแปดปีบริบูรณ์แล้ว แต่ในกรณีที่มีเหตุอันสมควร ศาลอาจอนุญาตให้ทำการสมรสก่อนนั้นได้
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
A marriage can take place only when both persons have completed their eighteenth year of age. However, the court may, in case of having appropriate reason, allow them to marry before attaining such age.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1448 was amended by the Marriage Equality Act (Civil and Commercial Code Amendment Act No. 24, B.E. 2567, in force 23 January 2025), which: (a) raised the minimum age from 17 to 18, eliminating the lower bound that had been criticised as inconsistent with the Child Protection Act; and (b) replaced 'man and woman' with 'two persons', permitting marriage regardless of sex. The court-permission exception remains. Marriages contracted under the pre-2025 wording remain valid; new registrations after the in-force date must satisfy the new rule.
Why this matters in practice
For lawyers: verify both parties' Thai national ID or passport to confirm age before advising on registration; minors require a separate court petition before any District Office appointment. For clients: if either of you is under 18, you cannot simply walk into an Amphur — you need a court order first. Same-sex couples have had full marriage rights since 22 January 2025; registration procedure is identical to any other couple.
Legislative history
Originally §1448 set seventeen as the minimum age and referred to 'a man and a woman.' Amended by the Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025: the minimum age was raised to eighteen, gendered terms were replaced with 'two persons,' and marriage was opened to two persons of any gender.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1832/2527 (1984)
A registrar may refuse marriage registration only for statutory grounds under §§1448–1454 and 1458; all other refusals are unlawful.
The Registrar is obliged to accept a marriage registration application when requested; refusal is only permitted when the conditions of §§1448–1454 and 1458 are not met. Where the Registrar refuses, an interested person may petition the court without paying court fees.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can same-sex couples legally marry in Thailand?
Yes. The Marriage Equality Act (No. 24, B.E. 2567), in force since 22 January 2025, amended the Civil and Commercial Code so that marriage is available to two persons of any gender. Same-sex couples may register at any District Office (Amphur) on exactly the same basis as opposite-sex couples.
What rights do same-sex married spouses have under Thai law?
Since 22 January 2025, legally married same-sex spouses have equal rights in property (Sin Somros marital property regime), inheritance, spousal maintenance, hospital visitation, medical consent, and adoption. They also bear the same mutual-support and cohabitation duties as any other married couple.