Child Legitimation in Thailand is a legal procedure that grants children born outside of marriage equal rights and benefits. It is essential that parents understand the process and seek legal counsel to ensure their best interests are protected.
Once a father recognizes paternity, he can file for legitimation at the district office. This will update the child’s birth record and allow him to use his family name. It will also allow him to inherit, obtain custody and even apply for a passport.
Birth certificate
A birth certificate is a key piece of evidence to determine child legitimacy. However, it does not automatically establish paternal rights in Thailand. In order to receive these rights, fathers must undergo a legal process known as legitimization. This process involves acknowledging the father of a child in front of a district office and registering his name on the birth certificate. Once a father is legally recognized as the child’s father, he will have full rights and responsibilities over the child.
The father must submit a petition for legitimization with the local registrar within five days of the child’s birth. The registrar will notify the child and mother of his application. If the mother or child raises an objection, he will have sixty days to respond. If he fails to do so, the registrar will presume that the mother or child does not give consent.
Once the legitimation is registered, it cannot be revoked. However, an interested party may file a case to cancel the registration after ten years from the date of registration. This is only if the person who insisted on the legitimation is not the child’s father. Individuals who have received parental rights are bound to maintain their children (Clause 1563 CCCT). Children are also obligated to support their parents.
Father’s name
In Thailand, where there is a strong emphasis on family values, a child born out of wedlock may not have certain legal rights. For this reason, fathers are encouraged to legitimize their children. This can be done through marriage, court action or government registration of paternity. The process of child legitimation can be complicated and requires substantial proof of a biological relationship, including DNA testing and photographs of the father with the mother during her pregnancy.
The most common method of child legitimation in Thailand is through marriage. This method automatically recognizes the father as the child’s father and grants him parental rights. However, if the mother does not agree to this arrangement, the father can petition a court for a court order to establish paternity. This can be a long and drawn-out procedure, and it is important to seek the advice of an experienced lawyer.
Once a father is legitimized, the child will have a variety of benefits, including custody and support, the ability to use the father’s surname, and eligibility for immigration and citizenship based on his parents’ status. In addition, the father will be able to claim inheritance from his child after death. He will also be able to participate in decision-making and visitation. Although not required by law, he will still be obligated to pay child support if he is the child’s father.
Custody
Custody is an important legal term that describes the physical ’guardianship’ of a child. It can be granted to one parent or shared between the two. However, it can also be awarded to a non-parent. In this case, a court will take into account the best interests of the child in making its decision. The factors that can be considered are the age and emotional state of the child, parents’ respective health and financial abilities, and past incidents of parental abuse or neglect.
Under Thai law, individuals that are legally established as parents of a child receive parental powers until the child reaches legal age. These parental powers can include the right to decide over the child’s education, religion, and property management. In addition, the individual can also veto the issuance of a passport and withhold consent to marriage.
To acquire parental rights, a father must apply for legitimation at a local district office. The application must be accompanied by the mother’s and child’s consent to the applicant being the father. If the mother or child object to this, they must come to express their opinion within 60 days (or 180 days if they are outside of Thailand). Otherwise, the application will be denied. The father can appeal this decision by petitioning for a court judgment. A lawyer with expertise in family law can help navigate the complex documentation and legal requirements for this process.
Parental rights
In Thailand, a father can acquire rights over his child only by marrying the mother of that child or registering his legitimation with the court. This is according to section 1547 of the Thai Commercial and Civil Code. The father must submit an application for registration in the presence of a registrar and the mother and the child must consent to his request. If they object or fail to appear within sixty days (or 180 days if they are outside Thailand) from the date of notification, it will be presumed that they do not consent to the request.
Once a father establishes his paternity, he has equal parental power and custody rights with the mother, unless he is legally deprived of these rights by a court order. He also has the right to visit his children and take them abroad. He can also claim his inheritance rights.
Parental rights include determining the place of residence for the child, imposing disciplinary measures, teaching a religion, and requiring moderate work. In addition, parents have the right to manage their property reasonably and are obligated to care for their children when they reach adulthood. Moreover, legitimised children can inherit and use their father’s surname, obtain citizenship or visa, and travel internationally without their mothers’ permission. In the past, illegitimate children were not entitled to custody or support from their fathers.