A child born to unmarried parents in Thailand has the same rights and responsibilities as children of married couples. A father can acquire parental power and custody by registering legitimation of the child at a district office.
This process requires consent from the mother and the child (if of legal age). An experienced Thai family law lawyer can help you with this.
Fathers’ Rights
In many countries around the world, fathers have equal rights and responsibilities to their children. However, in Thailand, a child born out of wedlock is only considered the legitimate child of the mother. This means that the biological father does not have any legal rights or obligations toward the child unless he takes steps to legitimize the relationship.
Under Thai law, a father can claim his parental rights through the process of child legitimation. However, this process can be complex, as it involves a number of different steps and considerations. For this reason, it is important to consult with a lawyer who has experience in Thai family law when pursuing child legitimation.
The first way to obtain legitimation is through marriage. This can be done either before the child is born or shortly after. If this option is not possible, the father can also apply for registration at a district office, which requires the mother and child to express their consent.
In addition, a court order can be obtained to establish paternity through the use of DNA testing or other evidence. Once a father has legitimized his relationship with his child, he will be entitled to share in the decisions and responsibilities of raising the child, as well as access benefits such as social security and healthcare.
Child Custody
Child custody in Thailand is a sensitive issue that affects not only the separating couple but also their child. In Thailand and in most western countries, the best interest of the child is the key factor that determines custodial rights. The person with parental power is normally either the father or the mother. However, in some cases, this may not be possible for a number of reasons. In such a situation, the court can decide to appoint another party as the child’s guardian.
Before a father can exercise his parental powers or inherit the children’s property, he must be legally recognised as the child’s father. This can be done through marriage, a court order or government registration of paternity. The father must provide substantial proof of his relationship to the mother, such as DNA results, photos showing him and the woman together when she was pregnant or testimony proving that he paid hospital bills or other expenses for her.
Child legitimisation is particularly important for foreign nationals because it allows them to prove their parental rights in a country where, under current law, only the mother has custody. Furthermore, it can help them gain visa options and citizenship and prevent legal complications in case of separation, divorce, death or inheritance disputes. A lawyer experienced in Thai family law can guide you through the process and ensure that all the legal requirements are met.
Inheritance Rights
While Thai law states that children are solely the legal offspring of their mothers, fathers who wish to establish parental ties can do so through marriage, court action, or government registration. These steps help to reduce societal stigma associated with illegitimacy, and they can provide financial security for children through their fathers’ obligations to provide support.
Voluntary Legitimation
In order to legally acquire parental rights over a child, the father must register his legitimacy at a local district office. The mother must express her consent to the application, and both parties should appear before a registrar in person. If they do not appear within sixty days (or one hundred and eighty days if the mother or child is outside of Thailand) after being notified, it will be assumed that they do not consent to the father’s request.
Once a father has established his legitimacy, he can claim equal parental power and custody with the mother, and his children will be entitled to use his surname and acquire citizenship under his name. Additionally, he can claim inheritance in the event of the mother’s death. The process of legitimation can be complicated, and legal assistance is essential. Our English and Thai speaking lawyers can assist you with the legal requirements, ensuring that your rights are protected throughout this process.
Legal Assistance
Child legitimation is an essential legal process that ensures that children born outside of marriage have the same rights and recognition as those born to married parents. However, the process involves complicated legal procedures and considerations that can be difficult to navigate without the assistance of an experienced family law attorney.
Depending on the circumstances, there are several ways to legally establish paternity and obtain parental rights in Thailand, including subsequent marriage, court action, or government registration of the father-child relationship. Ultimately, child legitimation reduces social stigma associated with illegitimate offspring and establishes important legal benefits for all parties involved.
For example, the father gains equal parental power and custody of the child, the child can use the father’s surname, and the father may have access to social security or inheritance benefits. Additionally, the father can establish a legal bond with the child and participate in decisions regarding the child’s education, health care, religion, and welfare.
In order to apply for child legitimation, the father must present himself in person to the local district office and express his consent to the application in front of a registrar. The mother and child must also express their consent within sixty days, or 180 days if they are not in the country, after the application has been filed. If the mother and/or the child objects or denies consent to the application, it will be rejected.