Children born out of wedlock in Thailand are illegitimate until they are legally recognized as the father’s through either marriage or a legitimation process. A legal recognition of paternity grants important rights such as inheritance and custody.
To legitimate a child in Thailand the father must apply to the local district office with the mother and child’s consent. A court must then approve the application.
When a father becomes legally recognized as the biological parent of a child, he receives many important rights and responsibilities. These include visitation rights, the ability to apply for custody, the right to name his child, and the responsibility to provide financial support.
A legal parent also has the right to inherit from his or her children, as well as access government benefits like healthcare and education. Additionally, a father may choose to register his child’s birth certificate with his surname, further affirming his connection to the family and granting him rights.
In Thailand, there are two ways to establish a child’s legitimacy: voluntary and court-ordered legitimation. Voluntary legitimation involves a father and the mother agreeing to make their relationship official. This typically includes submitting DNA test results, photographs of the father and the mother together while she was pregnant, witness statements that the father made it known publicly that the child is his, or evidence that he has paid hospital bills or other expenses for the mother and her child.
The other way to establish paternity is by filing a lawsuit in a Thai court. This is usually necessary when there is conflict or the mother refuses to consent to legitimation. In this case, the court will determine the child’s parental rights and obligations. Parents are bound to maintain their children and provide them with a proper education during their minority, (Clause 1563 CCCT) and they have the right to demand their return from anyone who unlawfully detains their child once they become sui juris.
Regardless of the mother’s marital status at the time of the child’s birth, fathers can claim inheritance rights for their children through legitimation. This process entitles the father to equal parental rights and responsibilities as well as child custody in Thailand, and allows the child to use the father’s surname and obtain citizenship if the mother wishes.
The Civil and Commercial Code stipulates that a father can establish paternity through marriage, court action or government registration. Without these documents, the father of an illegitimate child is obligated to support the offspring with the sole custody of the mother. This is an important legal recognition as it provides the father with essential benefits such as the right to inherit property, access healthcare and education, and acquire a Thai passport.
Regardless of the mother’s consent or refusal, the father must file an application for registration at the local district office to become legally recognised as the father of the child. The registrar will notify the mother and the child of the father’s application and require them to appear in person to express their consent or objection. If the mother and child do not respond within sixty days (or one hundred and eighty days if they are outside Thailand) of being notified, it is presumed that they do not agree to the father’s request for legitimation.
While Thai law does not require that children born out of wedlock be legally recognized as legitimate, a father wishing to establish parental ties may do so through legitimation. The process carries the same legal weight as marriage and confers rights to inheritance, surname, custody and support. It also removes social stigma and helps the father forge a stronger bond with his child.
A father can voluntarily register legitimation through a district office by acknowledging the child before a registrar and obtaining consent from both the mother and the child. The registrar will notify the mother and child about the application. If the mother or child does not object within sixty days after the notification (or 180 days in case the mother or the child is abroad), it will be assumed that they agree to the registration.
If the mother or child does object, a court must intervene. DNA testing is often required to establish the father’s biological relationship with the child. Disputes over paternity can cause significant delays in the process, but are usually resolved with the agreement of both parties. Once the process is complete, the father will receive parental rights and responsibilities as well as custody, visitation and decision-making of the child. He will also be able to claim financial support for the child. He will also be able use the child’s family name, unless otherwise specified by the mother.
Although Thai law stipulates that a child is exclusively the mother’s offspring, biological fathers can establish paternal ties through a process known as legitimation. This process allows fathers to gain custody rights, provide financial security and claim inheritance rights. Furthermore, a child can take on the father’s surname, an important aspect of family identity in Thailand.
Custody issues often arise when parents divorce, or in the event of an unmarried couple’s separation. In such situations, both parties should seek legal advice regarding the most suitable custody arrangement for their situation. In the event that the parties can reach a mutual agreement, they can submit their custody arrangements to the court for approval. However, if the parents are unable to reach an agreement, the court will intervene and decide custody based on factors such as the child’s welfare and stability, as well as the parental fitness of each parent.
The process of legitimizing a child in Thailand involves the father submitting documents such as the father’s name, birth date and address to a local district office. The father must also obtain the consent of the mother and the child to the application. Moreover, the father must demonstrate his financial capacity to support the child. Consequently, if the mother or child objects to the application, the process may be delayed or even halted altogether.