Child Legitimation in Thailand is a procedure that bestows significant legal rights and benefits to children born out of wedlock. These include the right to inherit property, use their father’s surname, and apply for citizenship or visas.
It can be achieved through subsequent marriage or voluntary acknowledgement, registration on application by the father, or a judgment of the Court. It is crucial that families seek family legal representation to ensure their best interests are upheld.
Fathers’ Rights
Fathers in Thailand have specific rights and responsibilities contingent upon their legal status as the child’s father. The family court considers a father’s ability to provide emotional support and financial stability as well as his relationship with the child when making custody decisions. Parents can often reach mutual agreements regarding custody arrangements and responsibilities, reducing the need for court intervention and creating more harmonious co-parenting.
Children whose fathers are recognized legally through the process of legitimation are afforded significant benefits. These include the right to bear the father’s surname as well as access to social security, insurance, and government benefits that require documented parental status. Legitimization also reduces societal stigma that can be associated with illegitimacy and provides children with greater sense of identity and belonging.
The process of establishing paternal ties in Thailand is known as “child legitimation” (amnaacchpkkhrng). The process involves proving paternity and petitioning the district office or family court for an order granting parental rights. Once granted, a father is eligible to claim custody of his child and exercise full parental authority. He is obligated to support his child financially and can gain inheritance rights for the child as well as have the child’s name recorded in the family register. This makes it easier to obtain legal documents and passports for the child.
Child Custody
In Thailand, the mother usually gets primary custody of a child. This is because the court is aware that women play a more important role in nurturing children, particularly when they are younger. Nevertheless, fathers can seek custody rights under certain conditions. They can do so by proving their paternity through the process of legitimization or through marriage to the mother. Unlike in the United States, where “custody” is a term that covers both physical guardianship and legal authority, Thai law separates physical custody from decision-making power.
The best interest of the child is used as a standard to determine which parent should have sole or joint custody of a child. This is based on both the mother and the father’s ability to provide a stable home environment, and their suitability for supporting the child. Moreover, the child’s age and personality are also taken into consideration. Under the Civil and Commercial Code of Thailand, section 19 stipulates that anyone under 20 years must be under the care of a person or couple who can ensure their physical and emotional well-being.
Biological fathers who have not established their legal relationship with a child through the process of legitimation cannot obtain custody rights in Thailand. However, once their legitimation is complete, they will have equal parental power and responsibilities with mothers (unless otherwise deprived by a court ruling). They can visit their children, take them out of the country, use the father’s surname, and claim inheritance rights in case of death.
Inheritance Rights
Under Thai law, children born out of marriage are considered illegitimate unless they are legally recognised through the process of legitimation. This important procedure grants children significant legal rights and advantages, including custody and inheritance rights. It also reduces societal stigma and provides financial security for the child through the father’s legal obligation to provide support.
The process of legitimation may be undertaken through subsequent marriage, court action or government registration. Each method comes with its own requirements and implications for the father, mother and child. It’s important for foreign fathers to understand these implications to make the best decision for their situation.
When applying for legitimation, the father must submit a declaration of paternity signed by both the mother and the child. The registrar will notify the mother and child of the application and if they do not object or appear within sixty days (or one hundred and eighty days if the mother and child are abroad) it is presumed that they consent to the application and the father may register his rights in accordance with Section 1536 to 1560.
If you are a father seeking custody or inheritance rights in Thailand, it’s important to speak with a lawyer who has extensive experience in Thai family law. Our team can help you navigate the complex complexities of Thai law to protect your rights and interests.
Social Acceptance
The social acceptance aspect of child legitimacy is significant for both fathers and children. Because of the high femininity and uncertainty avoidance dimensions of Thai culture, children are likely to conform to their parents’ norms and values and follow their parental authority when it comes to decisions regarding their family life. For unmarried mothers, this is often a problem because without a legal link to the father, the entire burden of caring for the child falls on them. This can lead to serious financial insecurity for children as they grow up.
Legitimation reduces the stigma associated with illegitimate children and allows fathers to share in decision-making and inheritance rights, even when they are not the sole legal guardian of the child. However, it is important to note that legitimation does not automatically grant custody or visitation rights, which must be granted by a court in the best interests of the child. It is also important for foreign fathers to consider whether their custody rights in their home country will be recognized in Thailand.
A lawyer experienced in Thai family law should be consulted to understand the various options for legal recognition of children and their impact on future proceedings, particularly with regards to inheritance. Contact us to discuss your situation with a qualified English and Thai speaking attorney.
