Changing name in Thailand: 3 Considerations to Succeed

Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.

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Short answer: no, a Thai woman does not have to take her husband’s surname. Under section 12 of the Name Act B.E. 2505, as replaced by the Name Act (No. 3) B.E. 2548 (2005), spouses may both use the surname of either one of them, as they agree, or each keep their own. They can agree when they marry or at any time during the marriage, and they can change that agreement later. The rule applies to both spouses equally, so a husband may also take his wife’s surname.

Because it is a choice, the question is practical rather than legal. This article sets out the arguments for and against changing names, and the practical considerations for Thai women deciding.

Changing name in Thailand
Changing name in Thailand

Benefits of Keeping the Same Surname

  1. Emphasizing the Bond of Marriage in Thailand: Some couples believe that sharing the same surname strengthens the sense of unity in their marriage.
  2. Eliminating Confusion in International Travel: In certain countries, the culture tends to change the maiden name after marriage. Spouses are expected to have the same surname when traveling together. However, you won’t have this problem with proper travel preparation. Bring a copy off your marriage certificate so you can use it if needed. Today, traveling with a different or same surname is not the same as 40 years ago.

Considerations for Not Changing Name in Thailand:

Addressing Sexism

Critics argue that requiring a woman to change her name perpetuates sexist traditions and undermines her individual identity.

Preserving Family Heritage

Changing one’s last name can lead to a disconnection from family heritage.This could be important to some individuals.

Practical Considerations for Changing Name in Thailand:

  1. Travel: While some countries may expect spouses to share the same surname, it is common for spouses to have different names. Carrying a copy of the marriage certificate (with translation if necessary) can serve as sufficient proof of marriage. Maintaining the maiden name may be helpful for certain dual-citizenship situations.
  2. Land and Property: Owning land or property in Thailand can be more straightforward for a Thai woman if she retains her maiden name .Changing names may subject her transactions to greater scrutiny. This is linked to the fact that foreigners normally can’t own a land in Thailand.
  3. Changing Documents: If a wife decides to change her name, she will need to update various documents, including her identity card, passport, bank accounts, and more. This process can be time-consuming and involve paperwork.

Considerations for the Future:

Divorce

If the marriage ends in divorce, or a court annuls it, the spouse who took the other’s surname must go back to their own original surname (Name Act, section 13), so every document changed at marriage has to be changed again. If the marriage ends with the other spouse’s death, the survivor may keep using that surname, but must return to their original surname on remarrying. Keeping the original name avoids that second round of paperwork.

There might be instances where government agencies may not have updated name change information. This could cause potential disadvantages.

Difficulty in Tracking Changed Names

When contemplating the decision to alter a Thai woman’s name post-marriage, it’s essential to recognize that this choice is deeply personal. Delving into the practical ramifications and possible drawbacks is crucial. If the wife doesn’t harbor a strong inclination towards assuming her husband’s surname, retaining her Thai maiden name could be the simplest and most beneficial route. Ultimately, it’s imperative for the couple to engage in open dialogue, weighing the options and arriving at a decision that resonates with the essence of their relationship and the path they envision walking together in the future.

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