In Thai culture, family honor plays a significant role. Legitimating a child can help preserve family honor and social standing.
Fathers also have important rights and responsibilities in Thailand, including parental power and custody. Children can inherit from their fathers, use the father’s surname, and obtain citizenship or nationality if the father is legally recognized as their father.
Biological Relationship
The biological relationship between a child and their parent is one of the most important factors in Thai family law. If a father has children with a mother who is not married to him, he will not be able to acquire custody rights unless he has undertaken a legitimation process and registered it at a local district office.
The process is complex and requires a lot of documentation. A person should always seek the assistance of a legal professional before beginning this process.
The process can also be difficult if the mother does not consent to the legitimation. This is because she may be able to argue that you are not suitable to exercise parental power partly or fully. A lawyer can advise you on the best method of bringing this matter to court. If the process is successful, the father can claim legal recognition and rights to his child such as inheritance, use of their surname and access to government benefits such as social security.
Consent
Children in Thailand face a number of challenges. They are often subject to abuse and neglect, including physical violence and sexual assault, and many of these crimes go unreported. Children also suffer from a lack of access to education and healthcare services.
Legitimation can help address these issues by granting children the same legal rights as children born to married parents. This includes inheritance rights, the ability to use their father’s family name, and citizenship.
However, for a child to be considered for legitimation, the mother must give her consent. This can be done by filing an application at the local amphur, by marriage to the father, or by a court’s judgment. The father must provide proof that he is the biological father of the child, such as DNA tests and photographs of the mother with the father, as well as evidence that he has supported the child financially, such as paying hospital bills or other expenses.
Filing an Application
In Thailand fathers have equal rights and responsibilities to mothers with regards to children, but these rights are only recognized if the mother and father are married or the father has legally been recognized by a court as the child’s father. If a father wants custody rights to his children he will need to register their legitimization at the local district office.
Registrating the child’s legitimacy requires a consent from the mother and the approval of a court judgment. If the mother objects to the applicant being the father, refuses to give her consent or is unable to do so the registration will not be effected.
The process can be lengthy. There will be meetings with Officials, what we would refer to in the West as Social Workers and observations of both the mother and the child. The father will also need to provide DNA evidence. The mother may have ninety days to object and prove that you are unsuitable to exercise parental power partly or wholly.
Filing a Petition
The father who wants to gain parental power over his child in Thailand must first file an application for legitimization at the local district office. Both the mother and child must express their consent to the action. The registrar will notify the mother and child of the father’s application and they must give their consent in person within 60 days.
The father who files the petition must present a marriage certificate or an official document that shows his relationship with the mother and that he is the biological father of the child. After the court deems that the application meets all the requirements, it will grant an order effecting legitimation. The father will then be entitled to parental power, custody rights and use of the child’s surname. He may also be eligible for spousal support. He can also be granted citizenship and nationality in the country where he lives. The law considers child legitimacy important to family honor and social status.