Child Legitimisation in Thailand
Child legitimisation in Thailand
Child legitimisation in Thailand is the process of granting legal recognition and rights to a child who was born out of wedlock.
Child legitimisation in Thailand is governed by the Civil and Commercial Code of Thailand (CCC), which stipulates the different ways that a biological father can legitimise his child and the consequences of doing so.
In this article, we will explain what the law says, what the process for court proceedings is, what evidence is required for a child legitimisation in Thailand, why it is important for foreign nationals to have the child legitimised, and what rights fathers have with or without child legitimisation.
What is the law on child legitimisation in Thailand?
According to Section 1546 of the CCC, a child born of a woman who is not married to a man shall be deemed to be the legitimate child of such woman. This means that the mother alone has the parental power and custody rights over the child, unless the father takes steps to legitimise the child. The biological father can legitimise his child through any of the following procedures:
– Marriage registration between the father and the mother of the child. Upon the marriage registration, the father is required to inform the registrar of a legitimate child along with the marriage registration application. The registrar at the district office will issue a marriage certificate stating that a child is legitimised by the father through the marriage between the parents.
– Legitimation by a subsequent marriage of the parents.
– Legitimation by a court order.
What is the process for court proceedings?
If the father cannot or does not want to legitimise his child by marriage he can file a petition to the court for legitimation. However, he must prove one of the following grounds:
– A document emanating from the father shows that he acknowledged the child as his own;
– The father notified the birth of the child to the birth registrar, and his name as the father of the child appears on the birth certificate of the child, or such notification was made with the knowledge of the father;
– The father has continuously treated and cared for such person as his own legitimate child.
– DNA Test.
The court will also consider whether there is any objection from the mother or the child to legitimation. If there is no objection or consent after the filing of petition, or if there is sufficient evidence to support legitimation, the court will grant an order effecting legitimation.
What evidence is required for a child to be legitimised in Thailand?
The evidence required for a child to be legitimised in Thailand depends on the method and grounds of legitimation. For example, if legitimation is done by marriage registration, then a marriage certificate and a birth certificate are required. If legitimation is done by will or other writing, then such document must be presented. If legitimation is done by court order, then any relevant documents or witnesses that can prove one of the grounds mentioned above must be submitted.
Why is it important for foreign nationals to have their child legitimised?
It is important for foreign nationals to have their child legitimised in Thailand for several reasons. First, legitimation grants legal recognition and rights to the child as well as to the father. For example, legitimated children can inherit from both parents, use their father’s surname, obtain citizenship or nationality, and travel abroad with their father’s consent. Second, legitimation may affect the immigration status and visa options for both parents and children. For instance, legitimated children may be eligible for dependent visas or permanent residency based on their father’s status. Third, legitimation may protect both parents and children from potential legal disputes or complications in case of separation, divorce, death or custody issues.
What rights do fathers have without child legitimisation?
Without child legitimisation, fathers have very limited rights over their children in Thailand. They do not have parental power or custody rights over their children, unless they obtain a court order granting them such rights. They also do not have any say in matters concerning their children’s education, health care, religion, or welfare. They may not be able to visit their children or take them out of Thailand without their mother’s consent. They may also face difficulties in proving their paternity or claiming inheritance rights in case of death.
What rights do fathers have after child legitimisation?
After child legitimisation in Thailand, fathers have equal rights and responsibilities as mothers over their children in Thailand. They have parental power and custody rights over their children, unless they are deprived of such rights by a court order. They also have a say in matters concerning their children’s education, health care, religion, or welfare. They can visit their children or take them out of Thailand with their consent. They can also prove their paternity or claim inheritance rights in case of death.
Conclusion
Child legitimisation in Thailand is a legal process that grants legal recognition and rights to a child who was born out of wedlock. In Thailand, child legitimisation is governed by the Civil and Commercial Code of Thailand, which stipulates the different ways that a biological father can legitimise his child and the consequences of doing so. Child legitimisation is important for foreign nationals who have children in Thailand, as it may affect their legal status, immigration options, and family relationships.
Fathers who want to legitimise their children should consult with a qualified lawyer who can advise them on the best method and process for their situation.
Read more about Parental Rights in Thailand here
https://isaanlawyers.com/parental-rights-in-thailand/
Isaan Lawyers is a law firm based in Northeast Thailand that specializes in Child legitimisation or legitimation and family law matters together with other legal services. If you need any assistance or advice on child legitimisation or legitimation or any other legal matter in Thailand, please contact us at [email protected] or visit our website at www.isaanlawyers.com.
In Pattaya you may want to visit www.anglosiamlegal.com
Read more about Family Law in Thailand here https://isaanlawyers.com/family-law-in-thailand
