Child legitimation is a process that allows the father of a child born outside marriage to establish legal parenthood. This gives the father familial rights and responsibilities, including custody, and inheritance rights. It also allows the child to use the father’s surname and obtain social security benefits.
Child legitimation can be done voluntarily or through a court order. In either case, it is best to consult with a lawyer specializing in Thai family law.
Birth Registration
Under Thai law, children become legitimate through marriage or by registration at a district office on application by the father. The father must have obtained the mother’s consent and appear before a registrar in person to express his intention of legitimizing the child. The registrar will notify the mother and child of the application. If the mother and child do not object or give their consent within sixty days (or one hundred and eighty if they are outside of Thailand), the father can register the child as his own in the civil registry.
In addition to providing a legal proof of identity, birth registration can also provide access to services such as vaccination and education. It can also help protect children from statelessness, early and forced marriage, and trafficking. UNHCR and partners have been working with refugees in Thailand to ensure that they are able to register their children’s births and get the right documents.
As the process requires meticulous record keeping and respect for strict legal protocols, it is best carried out with a lawyer. Our English and Thai speaking lawyers can provide guidance and advice on how to proceed. Contact us for a free consultation today.
Marriage Registration
The legal status of a child is determined by the parents’ marital status at the time of the child’s birth. This is why marriage registration and legitimation are closely related. If both parents are married in a religious ceremony or a recognized foreign marriage, the child is considered legitimate. If both parents are not married at the time of the child’s birth, the father must apply for legitimation to recognize his paternity and acquire parental rights and responsibilities.
When the father wants to legitimize his child, he must submit an application for this purpose in the presence of a registrar. The registrar will then notify the mother and the child of the application. If the mother or the child raises no objection within sixty days (or one hundred and eighty days if they are outside Thailand), it is presumed that they consent to the request for registration of legitimacy.
The father must then prove that he is the biological father of the child by providing documents such as DNA tests and witness testimonies. If the court is satisfied with the evidence, it will issue a judgment effecting the registration of legitimation and notify the district office to update the child’s birth certificate accordingly. Upon being legitimized, the father can enjoy full parental rights and responsibilities, including custody rights, and participate in making decisions about the child’s education and welfare. He can also claim financial support from the child.
Voluntary Acknowledgement
Child Legitimation in Thailand is a legal process that ensures children born out of wedlock are afforded the same legal protections as those born in marriage. As a result, it is essential for unmarried parents to understand the legal framework, procedures and ramifications of this important step.
In Thailand, child legitimation can be achieved through either voluntary acknowledgment or a court order. Voluntary acknowledgement involves the father admitting paternity and submitting a legitimation petition to the local district office (Amphur) in the presence of both the mother and child. The father must also submit DNA test results, photographs of the mother and child together during pregnancy, witness statements and proof that he regularly contributed to the child’s care. The mother must also consent to the application.
Once the legitimation process is complete, the father will have equal parental rights and custody unless deprived by a court decision. He will also be entitled to visit the child and take the child out of the country and use his surname. In addition, he may be required to pay child support depending on the specific circumstances of the case. It is important for both the father and child to seek family legal representation to ensure that all matters are handled fairly and in accordance with Thai law. This will help to reduce societal stigma and ensure that the best interests of the child are taken into account.
Court Decision
While Thai law states that children are the sole legal offspring of their mothers, fathers can establish paternal ties and parental rights through a process called child legitimation. This can reduce societal stigma and ensure that children receive substantial benefits, such as inheritance rights and social security. It can also strengthen custody arrangements and help parents navigate legal or administrative matters abroad.
In order to legitimate their children, fathers must apply at a local district office and express their intention in the presence of a registrar. The mother and the child must be notified of the application and either object or consent within sixty days (or one hundred and eighty days if they are outside of Thailand). If neither raises an objection, it is presumed that they consent to the father’s request.
Once a father is legitimized, he can claim equal parental rights and custody, use his surname, and acquire citizenship for his children. He can also participate in decisions about their education, religion, and welfare. However, there are some important limitations to the legitimation process. For example, the court can refuse to register legitimation if it believes that recognizing the father would be detrimental to the child’s welfare or if paternity cannot be conclusively proven.
In cases of disputes over custody and support, seeking the assistance of an experienced family lawyer can be critical to ensuring that a father’s rights are fully protected. The process can be complex, and understanding the legal frameworks and ramifications is essential to a successful outcome.