Child Legitimation is a legal process to recognize the father of a child born outside of marriage. This process allows the father custody rights and a duty to support his child.
Child legitimation is a complex issue that should be addressed with the guidance of a professional lawyer specializing in Thai family law. There are several methods for child legitimation in Thailand and a variety of factors to consider.
Parental Rights
Having a child legitimized in Thailand can provide many legal rights to both the father and child. For example, the child may be able to inherit from the father and use his family name. They may also be eligible for visas, citizenship and travel to foreign countries.
Legitimation of a child in Thailand is governed by Section 1547 of Thai CCC. The father must file an application for registration at a local district office and the mother and child must consent to his request. If they do not object or agree within 60 days, the father can register his child.
Often, custody issues can be addressed in parallel with the legitimation process. This can be an excellent way for unmarried parents to reach a custody agreement that works for their situation. A custody agreement may include shared or sole custody. It may also cover visitation and access rights. It can even address parental support and child maintenance.
Child Custody
Unlike some Western countries where there is still a distinction between so-called legitimate and illegitimate children, Thailand treats all parents equally in terms of custody rights. However, a father must have legitimation established to be entitled to custody.
Custody issues are often addressed at the same time as the legitimation process, ensuring that the best interests of the child are always taken into consideration. This includes assessing the father’s suitability to exercise partial or full custody rights.
This can include evidence such as DNA tests, photographs of the mother and father together, testimony that the father paid for medical bills and other expenses, proof that he supported the child financially, etc. If a father wishes to have custody of his children he must make an application for legitimation at a district office where the child was registered and both the mother and the child must appear to sign the application in front of a registrar.
Child Support
Under Thai law both parents are bound to financially support their children until they reach legal adulthood. The amount of child support is typically set by the parents in a written agreement or by a court order and it covers expenses such as food and shelter, clothing, medical expenses and education.
Fathers who want to acquire parental rights and responsibilities for their children in Thailand must undergo the legitimization process. This involves acknowledging their child before a district office and having the father’s name added to the child’s birth certificate. After successful legitimation, a father can also receive inheritance rights just like he would in a marriage.
When a disputed case of child support is brought to court in Thailand, the judge will consider many factors such as relative incomes, the cost of living and other related expenses, and the current status of the children. As such, it is important to obtain professional advice from a lawyer who specializes in Thai family law.
Legal Equality
A child born out of wedlock can be legally legitimized through a process called “acknowledgement of paternity.” This involves the father making a written declaration of his paternity before a district office. This is done in the presence of a registrar and the mother or child, and both must provide their ID documents to verify their identities.
This declaration of paternity is a non-contentious procedure that provides a number of legal benefits for the child, including inheritance rights and the right to bear the father’s surname. The child may also acquire citizenship through this process.
During the same legal proceedings, issues of custody and child support may also be addressed. This ensures that the welfare of the child is a priority, regardless of whether the father has or does not have custody. This method of legitimation also helps to reduce societal stigma and may improve the child’s access to education. NGOs report that stateless children often struggle to obtain education, as school administrators may refuse to issue high school certificates to students who are not Thai citizens.