Legitimize a Child

To legitimize a child can be costly. This is how to legitimize a child. Child legitimization or child legitimation is growing. In order to legitimise a child in Thailand, you will need to speak to our family lawyer in Bangkok on a father’s rights in Thailand. If you came to Thailand and are now the father of a child, then you will realize that the mother of the child has full custody and guardianship of the child. You can also see the article on child support for illegitimate child in Thailand

Child legitimation is becoming more common in Thailand. To legitimize a child it requires the following as explained. You can apply to court if you want custody of the child but you will need the permission of the mother to have the child legitimated. This can happen by consent or you will need to apply for court for this.

If the mother is going to consent to this, then she and the baby will have to appear before the Registrar to have the child legitimized. If they do not appear then the Register has to notify them in writing about your application.

She can oppose your application by saying no for any reason. Such that the child is not yours or that you are unsuitable. If they do not appear within 60 days, the Registrar will accept that she has not given her consent. If the mother and child is outside of Thailand the waiting period will be 180 days. You would now have to apply to the court for this. This because there is no further legal remedy under Section 1548 of the Civil and Commercial Code. To legitimize a child does take time.

If consent could not be obtained for legitimation, then an application to court will be needed. You will now have to pursue this under 1549 of the Civil and Commercial Code with the court application.  The mother will be given 90 days to respond to the court that you which to exercise partly or wholly the parental power. The mother can however object and oppose your application.

Proof Needed

This has been tried and tested in the Thai legal system. In a well-known case involving an expatriate and a Thai national while on appeal to the Thai Supreme Court were to the court stated that – “the only grounds to oppose a father’s application is that the applicant is not actually the father”. The Court merely confirmed Section 1555 of the Civil and Commercial Code which states that to legitimate the father he only needs to prove that:

– Where there was a rape or abduction during the period when conception was possible;

– If there had been elopement or seduction of the mother when conception was possible;

– Where there is a document showing you are the father and acknowledging the child as your own;

– If it appears in the birth register that you are the child father;

– Where there was open cohabitation of the father and the mother and conception was possible;

– If the father had sexual intercourse with the mother during the period;

– Where there has been a continuous common repute of being a legitimate child.

Expatriates

The expatriate case was based on Section 1555 of the Code as he was living in open cohabitation with the mother and that the child was viewed as his own by others including the mother. The father had also paid child maintenance during all this time whereby the mother had tacitly acknowledged that he was the father of the child. 

This case was in 2008 and the Court took the view that it is the decision of the child to make this decision. The problem was that the child was only 7 years old and could not decide for herself. In this case, the decision of the mother is secondary to the child’s ultimate decision as by not being legitimate she might not be able to inherit from her father.

Take legal advice if you want to legitimate your child in Thailand and start the legitimation process. Also, take note of the issues such as child abduction in Thailand 

The information contained on our website is for general information purposes only and does not constitute legal advice.