Op-Ed: Rainbow Couples and Cambodian Law

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In Cambodia, the legal landscape is quite clear when it comes to same-sex marriage.

The Constitution, under Article 45, explicitly states that “Marriage shall be conducted according to conditions determined by law based on the principle of mutual consent between one husband and one wife.”

Similarly, the Law on Marriage and Family reinforces this stance in Article 3, defining marriage as a solemn contract between a man and a woman, rooted in love and law.

However, the reality on the ground tells a different story.

Despite the legal barriers, many same-sex couples, or "rainbow couples"—a term embracing those with two partners of the same sex or where one or both partners identify as transgender—live together as spouses in Cambodia. These couples often go beyond cohabitation, celebrating their unions with unofficial wedding ceremonies, affirming their commitment to each other in front of friends and family (CCHR, 2017, p.vi).

Remarkably, some of these couples have even managed to secure a form of legal recognition from local authorities.

Around one-fifth of these couples have been issued family books, a crucial document in Cambodia. In these books, they are sometimes classified as husband and wife (39.13%), siblings (21.74%), or in some cases, one partner is designated as the head of the family (13.04%) (CCHR, 2017, p.12). This progressive step, however, is not uniformly adopted across the country. While a few regions show this level of acceptance, major areas like Phnom Penh still do not practice this form of recognition.

The situation highlights a dynamic interplay between the legal framework and societal practices, illustrating the resilience and determination of Cambodia's rainbow couples in their pursuit of love and recognition.

Adoption in Cambodia:

When it comes to adoption in Cambodia, the civil code is quite clear: full adoption rights are reserved exclusively for married couples. This effectively bars rainbow couples—same-sex or with transgender partners—from full adoption rights, leaving them without essential legal protections when one member adopts a child.

Yet, despite these legal hurdles, Cambodia's rainbow families are finding ways to create loving homes.

According to the Rainbow Families report (CCHR, 2017), 32.71% of cohabiting rainbow couples interviewed are already caring for children. Of these, 67.64% rely on simple adoption or informal agreements, with many adopting family members such as nieces or nephews (40%) (p.27). Among those who have adopted, a significant number (45.71%) possess a family book, compared to just 9.71% of couples without adopted children (p.vi).

These adoption practices highlight a significant gap between legal statutes and the lived realities of rainbow families in Cambodia.

This inconsistency in the application of the law can, paradoxically, benefit the LGBTIQ community by providing opportunities to negotiate for better living conditions beyond the strict confines of legal equality.

This negotiation space has given rise to the popularity of the Declaration of Family Relationship (DoFR), promoted by Rainbow Community Kampuchea (RoCK). The DoFR is a private contract that formalizes the love and commitment of LGBTIQ couples, much like a marriage certificate does for heterosexual couples (RoCK, 2018). And RoCK has successfully introduced the DoFR to 50 communes in 15 provinces, where it has received support from local authorities (Power, 2018).

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Looking ahead, the LGBTIQ community in Cambodia can leverage the success of the DoFR to advocate for its nationwide implementation. This could be a strategic step towards eventually legalizing same-sex marriage and enacting anti-discrimination laws. RoCK can continue its collaborative efforts with lawyers and local authorities to expand the adoption of the DoFR and seek legal endorsement from the central government.

In this evolving landscape, Cambodia's rainbow families continue to challenge and reshape societal norms, forging paths to recognition and equality, one step at a time.

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