Children who are not legitimate can be denied inheritance rights and surname rights. They can also face difficulties when applying for passports and travelling abroad.
There are several ways to legitimize a child in Thailand. The most popular option is through marriage. Other options include registering a relationship between the father and mother and bringing an action for legitimation.
Parental rights include determining the child’s residence, disciplining the child, assigning chores and duties and child custody in Thailand. These rights continue until the child becomes an adult.
Parents are obligated to provide children with food, shelter, clothing and education. If the parents are unable to do so, they must seek financial support from others.
Fathers in Thailand can gain parental rights by marrying the mother of their child or registering their relationship with the child. Registration enables fathers to gain custody rights and to inherit from deceased parents.
In order to register a relationship with a child, a father must apply to the local district office with the consent of the mother and the child. The Registrar will notify the mother and the child of the application. If they do not object within 60 days, the Registrar will register the father’s legitimation with the child. If the mother and/or child objects, the father must file a court judgment for registration.
Under Thai law, a mother has sole custody rights to her child. The father, however, can legally obtain parental authority through a court judgment or through the process of legitimation.
Once legitimized, the father gains visitation rights and can also claim inheritance from a deceased parent if the mother dies. The father must also pay a certain amount of financial support for the child.
The father can apply for registration of legitimation after acknowledging the child in front of a registrar and receiving consent from both the child and the mother. If the mother or the child object, refuses to give consent, or is unable to give consent, the application must be effected by a court judgment. A lawyer can help with the process of obtaining a court order for legalization. It’s best to have a local attorney who can speak Thai and understand the cultural context of Thai family laws. This will ensure a smooth procedure and help you establish a strong bond with your children.
Children born outside of wedlock are not considered legitimate under Thai law and the father has no rights or responsibilities for them. By contrast, children born in a marriage between two married people are considered the legitimate child of the husband and wife.
The process of legitimation allows a father to obtain legal recognition and forge a stronger bond with their child. It also provides the father with the right to visit and communicate with their child and use their surname.
The most common way to achieve legitimation is by applying for registration at a district office. A registrar will notify the mother and child of the application. If they do not appear or object within sixty days (or 180 days if they are abroad), it is presumed that they consent to the application. If they do object, the court must intervene for legitimation to be registered. This is known as a petition for legitimation.
Although many foreigners who have children here will have an idea of the process, those considering child legitimation in Thailand are best advised to seek Thai professional assistance. This is particularly important if the father is a foreign national.
This process involves an application to the local district office, and both parents, and the child if old enough to consent must agree to this. A court order can also be used to establish paternity in cases where voluntary legitimation is not possible.
Once a father has established legitimation, he has equal custody rights with the mother, and can use his surname on the child’s birth certificate. Custody issues can be addressed in the same legal proceedings as the legitimation, and the court will assess whether the father is suitable to exercise partial or full custody of the child. The process may also allow the father to gain a passport for his child and streamline travel paperwork procedures.