Under Thai law, children born to unmarried parents must undergo a process of legitimation in order to acquire substantial privileges and acknowledgement. A thorough understanding of the legal framework, processes and ramifications is vital to families considering this important step.
Once legitimized, fathers have equal parental power and custody rights to their children and can visit or even take them abroad.
Legal Parenthood
In Thailand, fathers must establish legal paternity before a court can grant them parental rights. This involves showing a continuous relationship between father and child, not simply biological parenthood. This can be proven by facts such as the father providing support for the child, using the family name or other similar facts. Once legal paternity is established, the father will have full custodial rights over the child until the child reaches adulthood, which in Thailand is 20 years of age or when they get married.
Since a high profile international scandal involving Baby Gammy in 2014 brought to light the exploitation and laxity of ART regulations, Thai authorities have clamped down on commercial surrogacy for international intended parents. A law passed in 2015 made commercial surrogacy, which involves a woman being compensated beyond reimbursement for medical expenses, illegal.
For those seeking to use a surrogate, there are still domestic and international providers that operate within the country under strict rules and guidelines. Most of these providers work with reputable international clinics to ensure compliance with established legal frameworks and ethical protocols. This may help avoid any issues that could arise with the Thai government. This may also be helpful in avoiding scams and fraud. In cases of alleged abuse or neglect, the Thai courts have special procedures for children. These include sending the child and parents to the Observation and Protection Center for an evaluation of the family situation by a social worker. The Court usually follows the recommendations of the OPC carefully.
Inheritance Rights
Under Thai law, children born out of wedlock are considered solely the mother’s children unless the father goes through a process known as “legitimization.” This is done by acknowledging the child in front of a district registrar and having his name registered on the child’s birth certificate. This gives the father legal parental rights and responsibilities, including custody and support, and also allows the child to take his family name.
A father can seek to legitimize his child voluntarily by submitting an application to the local district office (amphur). The mother and the child must consent to this. A period of sixty days must pass from the time the father submits his application for registration, or 180 days if the mother and the child are outside Thailand.
If a father fails to file for registration, the court can order him to do so. The court may also consider evidence that the father is a true parent, such as DNA tests and witness testimony, and it can update the child’s birth records with his name.
Once a father is legally recognized as the child’s father, he can request that his name be included in the inheritance. He can also ask the court to award him custody and/or financial support. This can be resolved during the legitimation case, or it may be dealt with separately through a separate court proceeding.
Custody Rights
Custody is a term that normally refers to the charge and control of a person or property. Under Thai law however, it is also used to describe the physical ‘guardianship’ of a child. This ‘guardianship’ is only granted to parents who are legally established as such and can only be withdrawn by court order. Individuals who wish to exercise parental powers and responsibilities are required to register their legitimation at the local district office. This process requires that the mother express consent to the application and that both the mother and child appear before a Registrar. Failure to do so will result in the father being denied registration.
Once a father is legally recognized as the father of a child, he will automatically have custody rights. He may be granted sole or joint custody of the child and will have a say in decisions affecting the child’s education, religion, and welfare. The father may also visit the child in Thailand or take him out of the country and can prove his paternity in order to claim inheritance rights in case of death.
The best interests of the child are the guiding principle for all decisions made about children in Thailand. The courts will consider all aspects of a child’s life when making such decisions, including the emotional and social context of the family. This is why it is important to establish legal paternity before attempting to gain custody of a child in Thailand.
Child Support
In Thailand, fathers who wish to acquire parental rights and responsibilities must go through a legal process known as legitimization. A father can obtain the same custody rights as the mother if he proves his paternity. This is done by making a declaration at a district office. The father must present proof of his identity and address to the registrar, as well as the mother and child’s consent to the application. If the mother or child fail to object within sixty days (or one hundred and eighty if they are outside of Thailand), it will be assumed that they consent to the father’s request.
Once the father is deemed legitimate, he can legally claim financial support from the mother. However, the amount will be based on the paying parent’s capability to provide and other factors.
In case of disputed child support in Thailand, the court will consider the relative incomes of both parties, expenses and assets to determine a fair amount. In addition, the court will take into account the children’s needs and circumstances to make an appropriate decision. This is to ensure that the child is not left without basic necessities, especially if the custodial parents are divorced. We also advise and assist clients with the collection of relevant evidence to support their claims. For example, a client may require the assistance of our firm to gather evidence of the other party’s income and expenses to present in court.