Although Thai law states that a child is the sole legal offspring of their mother, biological fathers can establish parental ties through a process known as child legitimation. Fathers who complete this procedure can claim custody rights, provide financial security, and use their surnames for the children.
There are several ways to obtain this recognition, including marriage, court action, and government registration. Legitimization bestows significant benefits, including the right to inheritance.
Fathers Have Equal Rights and Responsibilities
While Thai law states that children are the sole legal offspring of their mothers, fathers can establish paternal ties and take on parental rights through a process known as child legitimacy. This process provides social acceptance and reduces the societal stigma associated with illegitimate children while also providing financial security for children through their father’s obligation to provide support.
Legitimation can be achieved through marriage, court action, or government registration of paternity. The result is that the father gains equal custody and parental power with the mother, the child can use the father’s surname, and he has access to benefits such as social security and inheritance. In the event that a father wishes to pursue child legitimacy, it is best to seek out legal assistance from an experienced Thai family lawyer.
A father can apply to register his child as legitimate voluntarily at a district office if the mother and child consent to this. The application must be made with the mother and the child present, and a statement must be provided from both parties stating that they agree to the legitimacy of the child. In the case that a father is not able to gain the consent of the mother or child, he can file for a court decision on legitimacy in the same way that a divorce petition is filed with a Thai court.
Fathers Have Custody Rights
Fathers who are legally recognized as children’s fathers can exercise custody rights and inherit property from their offspring. They also have a legal obligation to support their children until they reach legal age. The process of legitimation can be done through marriage, court action or government registration. Regardless of how a father acquires parental rights, he can then register it at a local district office.
Generally, the father must declare his intention to legitimize the child by signing his application in the presence of a registrar. The mother and child are then notified of the father’s application for legitimation. They can either object or express their consent within sixty days (or one hundred and eighty days if they are outside of Thailand). Otherwise, it is presumed that they do not consent to the father’s request.
Aside from acquiring parental rights, the father can also use the registration to prove his relationship with the child. Proof of this can include DNA results, photographs of the father and the mother together when she was pregnant, testimony that the father publicly reported that he was expecting a child with the woman, or evidence that he paid hospital bills or other expenses for the mother and her baby. This is helpful in case the father wants to apply for a visa or other benefits on behalf of the child.
Fathers Can Apply for Registration of Legitimation
While Thai law stipulates that a child is solely the legal offspring of their mothers, fathers who wish to establish parental ties have several options. They can do this through marriage, court action, or government registration of paternity. This process of legitimation reduces societal stigma associated with illegitimacy and also allows children to access benefits such as financial support from their fathers.
The first option is for the father to apply for registration of legitimacy at his local district office. This requires the mother and child to express their consent to the application in front of a registrar. If the mother and/or child do not object or provide their consent within sixty days (or one hundred eighty days if they are abroad), it is presumed that they have given their consent.
Individuals that register as the father of a child are considered to have parental powers until their children reach legal age (20). They may then apply for custody, which is subject to a court’s decision. If the father wishes to revoke the registration, he must file a petition with a court. This is a complex and time-consuming process. Fathers seeking to acquire rights and responsibilities for their children should seek expert advice on the best path forward. The father should be able to show that there is no legal impediment to registering the relationship with the child and that he has met other requirements such as the verification of his identity through DNA testing.
Fathers Can Change Custody
When it comes to child custody cases, the Thai court’s major policy concern is what is in the best interest of the children. The judges will often take into account the wishes of both parents but, in most cases, give sole custody to the mother. This is a result of the traditional family structure in Thailand, which focuses on maintaining strong and cohesive families.
Fathers are able to change custody in some cases. The process is not a simple one though. For a father to gain custody of his child he must first be legally recognized as the father, which can be done through marriage, court action or government registration. Fathers who wish to establish parental ties are encouraged to do so, as this helps to reduce the societal stigma of illegitimate children and can provide financial security for them through fathers’ obligations to pay child support in Thailand.
The legitimation process is a complex and lengthy procedure that requires the consent of both the mother and the child. The application must be made at a local district office and both parties must appear before a registrar to express their consent. If the mother or child do not appear within 60 days of being notified of the application, they are presumed to have objected to the father’s request and, therefore, denied legitimacy.
