Spouses and Legitimate Mother : Trend and Change

Abstract

         The objective of this article is to present the trend of change on principle of being spouses and the change on principle of being legitimate mother under Thai family law. On principle of being spouses, family law provides that spouses shall be man and woman. On the present day, there is the trend to be the law which allows the same sexes to be life partnership by registration. By that way, they can constitutute their family status similar to the marriage by regiatration. In the future, there may be the law which allows the same sexes or LGBT to get marriage. On principle of being legitimate mother, the law provides that woman who gives a birth to her child is deemed legitimate mother. But nowadays, such principle has changed; If the law provides that woman who even does not give a birth to child is legitimate mother, she is deemed legitimate mother. Such as, under Protection of a Child Born by Medically Assisted Reproductive Technology Act, B.E. 2558, woman who requests other woman to be surrogate mother is deemed legitimate mother, but surrogate mother even gives a birth, she is not deemed legitimate mother.