In Thailand where the emphasis is on family, children born outside of wedlock can lack certain legal rights. Child legitimization offers a path for fathers to establish their parental rights and responsibilities through a two-step process.
The first step involves obtaining a Court judgment. Then, the father can register his rights at the amphur with the mother’s consent.
Legal Paternity
Under Thai law, a child is the legitimate child of its mother, even if the father’s name appears on the birth certificate. For a father to gain custody rights or claim inheritance rights he must take action to legitimize his child. This process involves acknowledging the child in front of a district office and registering that relationship with the government.
Proof of paternity is required and this may include DNA test results, photographs of the father with the mother at the time of pregnancy, witness statements stating that the father made it known publicly that he was involved in the pregnancy, or evidence that the father paid hospital bills or other expenses for the mother and child. If the mother or the child raise no objection to legitimization then this will be granted. This will grant the father custody and visitation rights as well as parental power and responsibilities over his child. In the event of a divorce the judge in the case will determine who should have custody of the children.
Inheritance Rights
Inheritance rights are a common reason why people seek to establish child legitimation in Thailand. The father is able to gain custody rights for children he legitimizes, and he is also a statutory heir of the deceased parent’s property, although the share he receives will depend on whether or not the mother and child agree to this arrangement.
The legal framework governing the process is outlined in the Civil and Commercial Code, particularly Sections 1560 to 1568, which outline the procedures for obtaining parental power. Legitimation requires consent from both parents, as well as the verification that the child is biologically their offspring.
In order to complete the process, the father must file a request for legitimation at the local district office. He must do so in the presence of both the mother and child, who must express their consent to the application. If either of them refuse, the application will be denied. Once the process is completed, the father will have full parental powers for the child and will be able to register his name in the birth certificate.
Visitation Rights
In Thailand, a father can only gain custody rights for his children by going through the legal process of legitimation. This involves filing a petition with the local district office in which both the mother and child must agree to. In addition, the father must provide proof of his relationship with the mother through various documents. Additionally, the court will appoint what we would call social workers to conduct a background study of both parents and the child before ruling on custody matters.
Once the father is registered as a legitimate father, he will have equal parental rights and responsibilities over his children. He will also be able to use his surname and acquire citizenship or nationality for his children. Moreover, he will be able to access medical and educational benefits for his children. Finally, his financial obligations in terms of child support will be legally recognized. He can then file legal action in the event of non-payment, protecting his rights and interests.
Child Support
Child support in Thailand is based on both parents’ financial capacities to pay. The court assesses the parties’ relative incomes and expenses, as well as their children’s needs and standard of living prior to the divorce or separation.
Once legitimized, children can inherit from both parents, use their father’s surname and receive social benefits and citizenship privileges equal to those of children born in a legal marriage. It also allows them to travel internationally without a visa, and protects both parties in case of legal disputes or complications regarding custody or visitation.
When dealing with issues concerning child support in Thailand, an experienced lawyer can help you draft formal and enforceable agreements and assist with enforcement actions when necessary. This is particularly important in cross-border cases, where effective enforcement may involve wage garnishment or asset seizure. Additionally, a lawyer can help you negotiate a fair and reasonable child support amount that is in line with local standards.