Child Legitimation in Thailand often arises when fathers of children born out of wedlock pursue legal action to have their parental rights recognized. Custody issues can also be addressed through the same legitimation process.
To gain legal recognition, the father must follow specific procedures outlined in Thai law. Once completed, he gains equal parental rights and custody unless deprived by court judgment.
Legal recognition
In Thailand, fathers do not automatically acquire parental rights when their children are born out of wedlock. They can, however, seek legal recognition by undergoing the process of child legitimation, which involves demonstrating paternity and seeking a court order to acknowledge him as the father. This provides equal custody rights with the mother and other significant benefits, including financial security through his legal obligation to support the child.
In the case of a foreign national, this can also help to open visa options and prevent issues in the event of separation, divorce or death. A lawyer experienced in Thai family law can assist with the process, ensuring that all legal requirements are met.
To gain legal recognition of a child in Thailand, the father must file an application for legitimation at a local district office with the consent of both the mother and the child. The mother and the child must express their consent to the application in front of a registrar within sixty days (or one hundred and eighty days if they are outside the country) after being notified of the father’s request for legitimation.
Evidence to support the claim can include DNA tests, photographs of the father with the child during pregnancy, or testimony from relatives confirming the relationship. Once the legitimation process is complete, the father can use the child’s surname, obtain citizenship and inheritance rights in the event of a parent’s death.
Custody rights
Custody is the physical ‘guardianship’ of a person or thing. In Thai law, custody normally refers to a child, and it is the parent or parents who have custody rights until the child becomes an adult, gets married, or moves out of the family home. Custody can be awarded to one or both parents depending on the situation. The best interest of the child is taken into account when awarding custody rights.
Fathers who have not legally established their parental ties can only claim custody of their children after taking action for child legitimation. The process reduces the societal stigma associated with illegitimacy and can allow fathers to exercise partial or full custody of their children. The father may also be able to use the surname of his children and register citizenship for them.
Biological mothers are presumptively entitled to full custody of their children, but non-married fathers can legitimize their children by following the steps in section 1547 of the Thai Commercial and Civil Code. The father should provide DNA results, photographs of the mother and child together, testimonies from family and friends, and proof that he regularly contributed to the upbringing of his child. He can then apply for his child’s registration at the local district office. The mother and child must express their consent to the application within sixty days or 180 days if they are abroad.
Inheritance rights
Under Thai law, children are considered solely the legal offspring of their mothers. However, fathers can seek to establish their parental ties through subsequent marriage, court action or government registration of paternity. This not only reduces social stigma, but can also provide financial security for children through fathers’ legal obligation to provide support. It can also help children acquire citizenship and visa options, as well as protect them from any legal disputes or complications in the event of separation, death or custody issues.
A father may apply for legitimation voluntarily through the local district office (amphur). He must present himself and express his consent to the application in front of a registrar, and both the mother and child must agree to the process. The application will then be registered, granting the father all legal rights and responsibilities of a parent.
The family court will consider the legitimacy of a child based on a variety of factors, including the father’s ability to provide for and care for the child, his emotional bond with the child, and his involvement in the child’s life. It is important to have the assistance of a lawyer who has experience with Thai family law when filing for legitimation. In addition, it is important to understand that the process can take up to one year to complete, so early consultation is recommended.
Legal advice
In Thailand, fathers are able to establish paternity by undergoing a legitimation process. This is a crucial step if the father wishes to exercise custody rights or inherit property from deceased parents. It is also a requirement for those seeking to obtain a visa or citizenship for their children. However, the legitimation process can be complex and requires cooperation from both parties.
There are several methods of child legitimation in Thailand, including subsequent marriage, court action, and registration. Each has its own set of requirements and benefits, and it is important to understand these in order to ensure that the child’s best interests are protected. A lawyer can help navigate the legal complexities of the process and ensure that all required documentation is provided.
It is a good idea for parents considering the legitimation of their child to seek legal advice. An experienced family law attorney can help them understand the procedures and benefits of the procedure and ensure that their rights are upheld. They can also help them prepare for a court hearing and provide guidance on what evidence is necessary. This can help them avoid any potential legal pitfalls and expedite the process. It is also important to ensure that the welfare and emotional well-being of the child are prioritized throughout the process, as it may have a significant impact on their future.