The Research Titled Legal Problems on Access to Healthcare Services for LGBTQ+ Individuals: A Case Study on Medical Consent by Same-Sex Partners under the National Health Act of B.E. 2550 (2007)

Abstract

This academic consists purposes to study the legal issues concerning substitute decision-making for medical treatment by same-sex partners. In Thailand, when a patient who identifies as a member of the LGBTQ+ community is in a condition that prevents them from giving informed consent, the medical practitioner is required to obtain consent from a relative or a person who has a legally recognized relationship with the patient. As a result, same-sex partners despite having an intimate and genuine relationship are legally excluded from providing such consent, due to the absence of clear legal provisions recognizing their status. This legal gap creates a significant barrier to equal access to healthcare services. Therefore, it is necessary to explore legal reforms that would recognize and protect the rights of same-sex partners, enabling them to act as substitute decision-makers in medical situations, thereby ensuring equitable access to healthcare.