In Thailand a father of a child born out of wedlock can legitimize his child by filing an action for it at a local district office. The mother and the child must express their consent to the application.
Legitimated children have the same legal rights as those of married parents including inheritance rights, the use of their father’s surname and citizenship. They can also acquire custody rights.
Father’s Rights
Even though Thailand law grants sole custody of children to the mother, a man who wishes to have his filiation with a child recognised can follow a non-contentious procedure specified in article 1548. This involves a two-step process of application for registration followed by applying for parental powers.
Although it is not a legally binding document, legitimation does have social significance and can help the father in many ways. It gives legal recognition and gives him parental power over his child, he can use the child’s surname and obtain rights in cases of inheritance, and he also has a say in matters related to his children’s education, health care and religion.
In the case of foreign fathers, the process is slightly more complicated as they need to prove that they are the biological father of the child. This could include DNA test results, witness statements, photographs showing the father and the child together and proof that he has made it known that the child is his.
Child Custody
In Thailand, there is no difference between so-called “legitimate” and “illegitimate” children. As in Western jurisdictions, family court judges always use the best interest of the child standard in determining custody cases. During the process, they carefully assess both parents’ behavior as well as any potential issues with child development. These issues are often analyzed using social worker reports.
Both parents are obligated to provide emotional, physical, and financial support to the minor children under the law. In addition, they are required to maintain a healthy and stable environment for their children.
Custody disputes can be difficult, especially when one parent has a different view of the child’s best interests. Nevertheless, with proper legal guidance, a focus on open communication between parents, and a commitment to prioritizing the welfare of the children, parents can navigate these issues successfully. For more information about child custody in Thailand, contact a qualified lawyer in your area. They can provide you with the assistance you need to resolve any issue involving your relationship and your child.
Paternity
In Thailand, fathers can establish paternity rights only through marriage to the mother before giving birth, or through court action or government registration. In other words, a man may be the biological father of his child, and have an established relationship with him, but unless his paternity is legally recognized, he will not have any legal rights to his child.
This is very different from many Western countries where the father and the mother have equal rights to the child, regardless of their marital status. In Thailand, a child’s paternity can only be legally recognized through a legal process called legitimation.
A father can apply to register his legitimate children by submitting an application form with the Registrar together with the birth certificate of the child and the mother. Both the mother and the child must appear before the Registrar to manifest their consent to the application. If they fail to do so within sixty days (or one hundred and eighty days in case the child and the mother are living abroad), it is presumed that they do not give their consent to the application.
Child Support
In Thai culture, family honor and respect for tradition play an important role. Legitimizing children can strengthen familial bonds and increase a child’s social standing.
A father of a child born out of wedlock cannot obtain custody rights for his child until he registers the child as his legitimate at the district office with the mother’s consent or upon a court’s judgement. The mother can oppose the application for registration by stating any reason, and if she does not appear before the Registrar to express her consent within sixty days, it is assumed that she did not give her consent.
Both parents are obligated to provide financial support for their children until they reach legal age. This should be stated in a divorce agreement or settlement and must be certified and registered. If the non-custodial parent fails to pay according to their agreement, a petition for enforcement can be filed in court.