Under Thai law, children born to unmarried parents are not legally recognized as their father’s child unless they go through the process of legitimation. This can be achieved through marriage, a court order or by registering the child with a district office (amphur).
From a legal standpoint, legitimation offers several benefits including equal parental rights, custody, and inheritance rights. From a social perspective, it reduces the stigma associated with illegitimacy and fosters stronger family bonds.
Child born to unmarried parents
Under Thai law, children born to unmarried parents are considered the exclusive offspring of their mother and have no legal ties with their biological father. For fathers who wish to establish parental ties, there are several options for legitimation, including subsequent marriage, court action, and government registration. This process helps to reduce societal stigma and provides financial security for children through the fathers’ legal obligation to provide support.
The easiest way for a father to legally recognize his child is through a voluntary petition for registration at the local district office (amphur). This involves the father acknowledging his relationship with the child before a registrar and expressing his consent to the application. If the mother and child do not object within sixty days (or 180 days if they are abroad), the application will be registered.
Upon the successful completion of this procedure, the father gains custody rights and decision-making authority for his child. He also acquires the responsibility to pay child support in Thailand, which can be used to apply for a visa for the child or to gain citizenship. It is important to have a professional and experienced lawyer guide you through the legitimation process, as there are many pitfalls that can be avoided with proper legal assistance. In addition, a court judgment for legitimation is sometimes necessary, especially in cases where the mother and child refuse to acknowledge the father.
Child born to married parents
Although the law states that a child is exclusively the mother’s offspring, it is possible for fathers to legally recognize their children and gain parental rights through a process called legitimation. By completing this process, the father may take on custodial duties and provide financial security for the child as well as claim inheritance rights. In addition, the child will be eligible to use the father’s surname and obtain citizenship.
To begin the process, a father can file an application for registration at his local district office. He must also notify the mother and the child of his application and request that they appear in front of a registrar to express their consent or objection. If the mother and the child do not object within sixty days (or one hundred and eighty if they are outside of Thailand), the application will be granted.
A father can also request legitimation through a court order if the mother refuses or is not available to respond to his application. However, this process is time-consuming and costly. Moreover, the court may require proof of paternity before granting legitimacy.
Child born to divorced parents
In Thailand, a child is considered solely the legal offspring of their mother. However, biological fathers can establish parental ties by completing the process of child legitimation. This procedure reduces the societal stigma associated with illegitimacy and allows children to use their father’s family name and access benefits like social security and inheritance. Biological fathers can pursue legitimacy through marriage, court action, or government registration of paternity.
The first option is for a father to voluntarily register legitimation at a district office. He must express his consent to the application in front of a registrar and present proof that the mother and child acknowledge him as the father. The registrar will then notify the mother and child of the application. If the mother and child do not object to the application within sixty days of receiving the notification (or 180 days if they are abroad), it will be presumed that they agree to the registration.
After registering legitimation, the father gains legal parental rights and responsibilities and is required to provide financial support. In addition, the father’s name will be listed on the child’s birth certificate. This makes the child eligible for Thai citizenship, and it simplifies the process of obtaining a passport. The father may also be entitled to inherit the child’s property and assets. If the father is unable to provide financial support, the mother can file for child support in court.
Child born to foreign parents
Although Thai law stipulates that a child is exclusively the offspring of the mother, biological fathers can establish paternal ties through a legal process known as legitimation. This enables them to gain custody rights, provide financial security, and claim inheritance rights. It also allows the child to take on the father’s surname, an important aspect of family identity in Thailand.
While many cultural and familial factors discourage formal legitimation, efforts to streamline the process have reduced bureaucratic barriers. However, it is essential that all families seek out the help of a knowledgeable family lawyer when making this important decision.
For foreigners with children born in Thailand, the process of obtaining legitimacy is a bit more complicated. The process requires a declaration of intent by the father and the consent of both the mother and the child. The application must be submitted to the registrar of the district office with two witnesses present. The registrar will notify the mother and the child of the father’s request, and they have sixty days (or one hundred eighty days if they are outside of Thailand) to object or give their consent.
Whether a child is legitimate or not, it is important for fathers to seek out legal assistance when pursuing custody and visitation rights. A seasoned family lawyer can help guide them through the process of proving paternity and establishing parental rights, regardless of their marital status or the circumstances of the child’s birth.