Child Legitimation is a legal process that provides children born out of wedlock with equal rights as those of their married parents. However, the requirements for this procedure can be complicated by cultural context.
A father seeking to acquire parental power can seek legitimization through the process of registering his application with the local district office. This requires that the mother and child express consent for his application.
Parental Rights
In most western countries, when a child is born the father and mother get equal rights and obligations. However, in Thailand that is not the case. A man who is not married to a woman can have no legal rights over her children until they go through the process of legitimation.
A man can gain parental rights by going through the legitimation process with the help of a family lawyer in Thailand. A lawyer can help him follow the proper procedure, ensure he meets all the legal requirements, and even represent him in court if necessary.
The process of legitimation involves making a declaration in the presence of a registrar and obtaining the consent of the mother and the child (if of age). If no objection or consent is received within sixty days, it is presumed that the application has been approved. The Registrar then updates the child’s birth records to reflect that the father has acknowledged his paternity and becomes legally entitled to custody and support obligations. He also becomes a legal heir under Thai inheritance law.
Parents are bound to maintain their children until they reach the age of sui juris or are old enough to earn their own living. If a parent wants to deprive their child of parental power, they must file an action with the Public Prosecutor.
Custody
In Thailand, custody rights are granted to individuals legally established as parents of children. This includes fathers who have gone through the process of legitimation. Those who exercise parental powers will have the duty to jointly take care of their child until they are sui juris and/or can live independently (Clause 1546 CCCT).
A man who wants to acquire custody rights for his child must register his legitimation with a local district office. He must also get consent from the mother and the child to his application. If the mother and/or child do not express their consent within sixty days or one hundred and eighty days if they are outside of Thailand, it will be assumed that they do not give their consent.
Custody and visitation rights will be decided based on the best interests of the child. This is in line with most Western family law principles. In addition, those with custody will have the right to receive a financial allowance from the child (Clause 1547 CCCT).
Although exercising parental powers is permitted by law, there are some juristic acts that can only be performed by the original parent, including mortgaging a property or creating usufruct, superficies, or renting real estate (Clause 1574 CCCT). In case of a dispute over parental power between a mother and father, the original mother may request the court to decide the matter.
Registration
In Thailand, there is a strong sense of family unity and respect for the elders. Families are obligated to care for their parents and children, especially in old age. The law reflects this and protects the rights of parents as well. Despite these values, problems can arise when fathers do not recognize their paternity and do not follow the proper procedures for legitimation.
Child legitimation is a legal process that grants children born out of wedlock the same rights and status as those born to married parents. It also secures parental rights, including inheritance and citizenship. However, the process is complex and understanding the eligibility criteria, procedural steps, and legal implications is vital.
There are primarily three ways to establish legitimacy and parental rights in Thailand: subsequent Thailand marriage, government registration, or court action. The latter option is most common, as it is the most straightforward way to gain custody rights. However, it can take several years to finalize the procedure, and the mother may refuse visitation unless she agrees to do so.
The first step in the process is a negotiation session with a mediator. If a father and his wife cannot reach an agreement, the case goes to trial and a judge will make a decision. Once the decision is finalized, it will be possible to register the father’s rights at the amphur.
Court Order
If a father wishes to acquire parental powers and custody rights, he must first obtain legitimation of the child at a district office. This requires that the mother express consent to the application and appear with the child before a registrar. If the mother or child object to the application, refuse to give their consent, or are unable to do so, it will be assumed that they do not agree.
If the child is too young to give their consent, a closed relative or public prosecutor may apply for a representative ad litem to bring the action on their behalf. In some cases, the child can also bring the action himself, but must do so after attaining the age of sui juris (fifteen years old complete).
Once an individual has been legally established as a parent of a child in Thailand, they have equal parental powers and custody rights with the mother. However, a parent who has obtained this status can still be deprived of their custody rights under certain circumstances. If the mother is unable to care for the children or their well-being is threatened, the court can issue a custody order to another individual who is deemed suitable. This can be either partial or full custody depending on the circumstances. A custody order can be revoked at any time by an interested party.