Biological fathers who are not married to their children in Thailand can establish paternity through a legal process known as Child Legitimation. This entitles them to parental rights and allows the child to bear the father’s surname.
After child legitimisation, fathers in Thailand have equal rights and responsibilities as mothers (unless deprived by court judgment), including parental power and custody. They can also claim inheritance rights for their children.
Aside from reducing societal stigma associated with illegitimate children, legitimation also gives fathers significant inheritance rights and legal responsibilities. It legally obligates them to provide children with education, food, shelter and other necessary care. It also gives the child the right to use the father’s last name and may even help them obtain Thai citizenship.
This process can be pursued through marriage, court action or government registration of paternity. In any case, the father must have the mother and child’s consent to proceed with this option. The mother and child must appear before the registrar within 60 days of being notified to either consent or object. Otherwise, the application will be deemed to have been rejected.
Another method of establishing paternity is through the father’s voluntary acknowledgment before a district office. This requires the father to present a letter of consent signed by both parties before an official at the office. If the mother and child do not object within sixty days of being notified, the father will be legally recognized as the legitimate parent of the child.
This process can be very complicated and time consuming, especially if the mother does not agree to legitimation. If you are considering this option, it is important to consult with a family law attorney who is familiar with Thai family laws and court procedures.
Under Thai law, a child born out of wedlock is considered the legal offspring of the mother, even if the father’s name appears on the birth certificate. However, a father can claim his rights and duties as the child’s parent through legitimization. This process allows the father to be legally recognized as the child’s father, which gives him equal parental rights and custody. It also gives him the right to use the child’s surname and acquire citizenship for them.
There are two ways that parents can obtain legitimacy: voluntary or court-ordered. Voluntary legitimation requires the father and the mother to submit sufficient evidence that they were together when she was pregnant. This typically includes DNA test results, photographs of the father and the mother together, testimony that the father publicly stated that the child was his, and proof that he paid hospital bills or other expenses for the mother and the child.
For a court-ordered legitimation, the father must petition a local district office. The registrar must notify the mother and the child of his application, and they must express their consent within sixty days (or one hundred and eighty days if they are outside Thailand) after being notified. If they do not object, the registrar will register the father as the child’s legal parent. Regardless of the method used to legitimize a child, both parents must agree on custody arrangements before a court can enforce the agreement. A family lawyer can help ensure that the custody arrangement follows Thai family law.
Although Thai law stipulates that children are exclusively the offspring of their mothers, fathers can establish paternal ties through a legal process known as legitimation. This allows them to gain custody rights and claim inheritance rights, as well as allow their children to use their father’s surname, an important aspect of family identity in Thailand.
A father may voluntarily register legitimation in Thailand by acknowledging his relationship to the child before a registrar and obtaining consent from both the mother and the child. He must then submit proof of his financial capacity to support the child. If the mother and child do not object within 60 days of the registration or 180 days if they are abroad, they will be presumed to agree.
In cases where the mother and child do not consent to legitimation, a father can file for custody in court. This can be done in conjunction with a request for legitimation or on its own, depending on the circumstances. In either case, a lawyer can help the father to draft a custody agreement that is in accordance with Thai family law.
Custody issues are complex and should be handled by a professional family lawyer. They can provide advice, represent their clients in court, and assist them in negotiating settlements. They can also review any custody agreements to ensure that they comply with Thai law. They can also help to enforce custody orders, as well as pursue a case for the return of a child from any party who has unlawfully detained it (Clause 1563 CCCT).
Many western countries have laws that give fathers equal rights and responsibilities to their children but under Thai law it is only the mother who has legal rights (and obligations) to a child. In order for a father to establish parental ties and obtain legal rights in Thailand he must legitimize the child. This can be done by subsequent marriage, court action or government registration of paternity. Legitimization is important because it helps reduce societal stigma against unmarried fathers and provides a sense of belonging and security for both the child and the father. It also enables a father to legally establish his obligation to provide support to the child.
Regardless of the method chosen, it is a good idea to engage a lawyer with expertise in Thai family law for assistance. This will ensure that the legal complexities are understood and that all necessary documentation is provided. A lawyer can also guide the parents through the process and facilitate the issuance of official documents.
In summary, the legitimation process in Thailand confers significant benefits for both mothers and children. It is an essential legal process that ensures that children born out of wedlock enjoy the same legal privileges as children of married parents, including inheritance rights, custody and nationality. By understanding the legal framework, procedural steps and benefits of the process, it is possible to successfully navigate the legitimation process in Thailand.