Obtaining Parental Rights in Thailand
A Guide for Unmarried fathers for obtaining Parental Rights in Thailand and for Child Legitimation.
Understanding the Importance of Legitimation
The legal framework concerning obtaining parental rights in Thailand leans heavily in favor of married couples.
For unmarried fathers, establishing Parental rights in Thailand and legal parentage is crucial to securing their rights and responsibilities towards their child. This process is known as Child legitimation.
Why is legitimation important?
- Obtaining Parental Rights in Thailand: Without legitimation, an unmarried father has limited if any legal rights over his child, including custody, visitation, and decision-making authority.
- Child’s Rights: A legitimated child enjoys legal protection, inheritance rights, and the right to use the father’s surname.
- Social and Emotional Well-being: Legitimation can provide a sense of security and belonging for both the father and child.
Rights of an Unacknowledged Father
Even if a father’s name appears on the birth certificate, without formal legitimation or without obtaining parental rights in Thailand, his rights are severely restricted. He may face challenges in:
- Obtaining custody or visitation rights.
- Making decisions about the child’s education, healthcare, or religion.
- Inheriting from or through the child.
- Protecting the child’s interests in legal matters.
- It is essential to obtain Parental rights in Thailand as an unmarried father.
The Process of Legitimation and Obtaining Parental Rights in Thailand.
There are primarily three ways to legitimize a child in Thailand and to obtain parental rights in Thailand.
- Become married to the mother of the child.
- Voluntary Legitimation: This involves a joint application by the unmarried parents to register the child as legitimate at the local district office (Amphur). Both parents must consent, and the child, if old enough to understand, must also agree. The child must be seven years and over to conclude matters in this way.
- Court Order: If voluntary legitimation is not possible, a father can file a petition with the court to establish paternity and obtain parental rights. This is typically necessary in cases of dispute or when the mother opposes legitimation.
Rights After Legitimation
Once a child is legitimated, the father obtaining parental rights in Thailand provides him with the same rights and the same responsibilities as the mother. This includes:
- Joint custody and guardianship.
- Right to make decisions about the child’s upbringing.
- Right to visitation and contact with the child.
- Financial support obligations.
- Inheritance rights for the child.
- Right to use the father’s surname.
Key Legal Provisions
The legal framework for legitimation and obtaining parental rights in Thailand is outlined in the Thai Civil and Commercial Code:
- Section 1547: Defines legitimation as the act of recognizing a child born out of wedlock as legitimate.
- Section 1555: Outlines the grounds for court-ordered legitimation, including cases of rape, abduction, or illegal confinement.
- Section 1561: Grants legitimated children the right to use the father’s surname.
Seeking Legal Advice
Legitimation can be a complex process with potential legal and emotional implications. It is strongly recommended to consult with an experienced family law attorney to understand your specific situation and explore the best course of action.
Note: While this article provides general information, it is not a substitute for legal advice. Please consult with one of our experienced and dedicated family lawyers for guidance on your specific case.
Disclaimer: The information provided in this article is intended for general knowledge and informational purposes only, and does not constitute legal advice.
Read our full article here about Child Legitimation in Thailand https://isaanlawyers.com/child-legitimisation-in-thailand/
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