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Children and Parents Rights in Thailand is explained here. The following is from the Civil and Commercial Code under parentage. In Thailand, the legal relationship between parents and children, as well as child custody, is governed by various sections of the Civil and Commercial Code. Below are the sections related to parent and child relationships, as well as child custody. Likewise also see the articles on Thai Child Custody as well as the piece on Child Custody in Divorce. Lastly you can also see the article on Father’s Custody Rights in Thailand.
A child may use the father’s family name, but if the father is unknown, the child may use the mother’s family name. See also child legitimation in Thailand on this website. This is Section 1536 to Section 1560 on the other page of this website.
The child has the right to use the father’s surname and in the case where it is not known who is the father, the child has the right to use the mother’s surname. It is not required that the child must use the father’s or mother’s surname when it is not required by law. The child also likes to use a different family name. Even though it appears that there is a legal father, the father and the plaintiff’s mother agree together for the child to use the mother’s last name. Supreme Court Judgment No. 1283/2522
Ascendants (parents and grandparents) cannot be sued without the involvement of the Public Prosecutor.
Civil and Commercial Code Section 1562, which prohibits suing one’s parents in a civil or criminal case, is a provision that limits rights. must be interpreted strictly. This means that only legitimate children are prohibited from suing their parents. The plaintiff is the defendant’s adopted child, but the defendant and the plaintiff’s mother have not registered their marriage. The plaintiff will be the legal child of the defendant only if the defendant and the plaintiff’s mother later get married or the defendant registers that the plaintiff is the child or the court adjudges him to be a child according to the Civil and Commercial Code, Section 1547, when no such action has been taken. Therefore, the plaintiff is not the legal child of the defendant. The plaintiff has the power to sue the defendant. Supreme Court Judgment No. 3019/2541
Children are obliged to support their parents.
According to the newly revised Civil and Commercial Code, Section 1567(3), both plaintiffs who exercise parental power have the right to have their children do work appropriate to their status, and Section 1563 stipulates that children must support and care for their parents. Therefore, the business or labor that children do for parents is a form of support and care. Supreme Court Judgment No. 1990/1983
Parents are obligated to maintain and educate their minor children.
A child who will have the right to receive child maintenance and education from his or her parents according to the Civil and Commercial Code, Section 1564, first paragraph, must be a legal child from the beginning or a legal child later in accordance with Civil and Commercial Code Section 1547.
Always take legal advice from a law firm in Bangkok as well as a divorce lawyer.
Section 1565
Either parent or the Public Prosecutor may file applications for child maintenance.
Section 1566
Parental power applies until the child reaches the age of legal majority (sui juris).
Section 1567
Parental power includes rights such as determining the child’s residence, discipline, assigning chores, and custody.
Section 1568
Children from previous marriages retain the same guardian upon their parent’s remarriage.
Section 1569
Parental power includes legal representation, and guardianship applies to incompetent minors.
Section 1569/1
Court-appointed guardians have the authority to revoke parental power or the current guardianship.
Whenever a child is born to a woman during marriage or within three hundred and ten days after the marriage is terminated, it is presumed that the child is the legitimate offspring of the husband or former husband, as applicable.
Moreover, if a child is born to a woman before the marriage is officially annulled by a court judgment, or within three hundred and ten days after such judgment, the aforementioned presumption applies.
If a woman enters into a new marriage and gives birth to a child within three hundred and ten days of the termination of her previous marriage, the child is presumed to be the legitimate offspring of the new husband. In such cases, the presumption of legitimacy attributed to the former husband under Section 1536 is overridden. However, this provision is subject to a court judgment that specifically denies the legitimacy of the child.
Likewise if a marriage is contracted against the stipulations of Section 1452, any child born during such a marriage is presumed to be the legitimate child of the last husband recorded in the Marriage Register. In cases where the woman has contracted the marriage against Section 1452, the presumption outlined in Section 1536 applies, unless a final judgment refutes the legitimacy of the child concerning the husband recorded in the Marriage Register.
Additionally, the provisions of paragraph one apply to any child born within three hundred and ten days after the final judgment declaring the marriage void under Section 1452.
In situations where a child is presumed legitimate under Sections 1536, 1537, or 1538, the husband or former husband may contest the legitimacy by initiating legal action against both the child and the mother. This action must demonstrate non-cohabitation during the conception period or other grounds of impossibility for paternity. If the mother is deceased, the action can be pursued solely against the child. If neither the child nor the mother is alive, the court may be petitioned to declare non-legitimacy. In cases where the mother or child’s heir is alive, they must be notified of the action, and the Public Prosecutor may be involved at the court’s discretion.
(Repealed)
Likewise an action to disavow a child cannot be undertaken by the husband or former husband if he has previously acknowledged the child in the Birth Register or consented to such acknowledgment.
In addition an action to disavow a child must be filed by the husband within one year of the child’s birth. In any circumstance, such action cannot be initiated later than ten years after the child’s birth. If a final judgment declares a child illegitimate under Sections 1537 or 1538, and the husband is presumed to be the father under Section 1536, he must initiate the action within one year of becoming aware of the judgment.
If the husband initiating an action to disavow a child dies before the case concludes, an interested party or a person whose inheritance rights are affected by the child may request substitution in the proceedings.
An action to disavow a child may be pursued by an interested party or a person whose inheritance rights are affected if:
The husband died before the deadline for filing the action.
The child was born after the husband’s death.
Such actions must be initiated within six months of the husband’s death or the child’s birth, respectively, and in no case later than ten years after the child’s birth. The provisions of Section 1539 regarding the initiation of disavowal actions apply mutatis mutandis.
A child may petition the Public Prosecutor under Section 1536 to disavow the legitimacy attributed to the husband of their mother if it becomes apparent that the child is not the husband’s biological offspring.
When initiating such action, if the child discovers the discrepancy before reaching legal majority, the Public Prosecutor’s action must occur within one year of the child attaining majority. If the child discovers the discrepancy after legal majority, the action must be initiated within one year of knowledge.
A child born to an unmarried woman is considered legitimate unless otherwise stipulated by law.
A child born to unmarried parents becomes legitimate upon their subsequent marriage or through registration by the father or a court judgment.
When the father seeks legitimation, the consent of both the child and the mother is required. If neither appears before the Registrar, a notification is sent, and if no objection or consent is received within sixty days (or one hundred eighty days if abroad), it is presumed no consent is given. If objections arise, the court must intervene for legitimation.
After the court’s judgment, registration is effectuated by the Registrar.
Once the Registrar notifies the child and mother of the legitimation application, they have ninety days to contest it. If contested, the father’s exercise of parental power remains suspended until the court resolves the issue or the notification period lapses.
(Repealed)
If there’s objection to legitimation due to paternity, both parties may contest within the same proceeding. Paragraph three of Section 1599 applies mutatis mutandis.
In cases where the child lacks a mother or the mother’s parental rights are terminated, and another guardian is appointed before legitimation, the father, upon registration, can request parental authority in the child’s best interest. The court may grant such authority if deemed beneficial to the child.
(Repealed)
Any interested party has three months from learning of legitimation registration to contest it on grounds of paternal identity. In any case, such action cannot be taken after ten years from registration.
A minor’s legal representative may initiate legitimation actions until the minor turns fifteen. After reaching legal majority, the child may proceed without consent. Once sui juris, actions must occur within one year.
If the child dies before legal majority, descendants may pursue action within one year of the child’s death if aware of the grounds, or within one year of becoming aware, not exceeding ten years post-death.
If legitimation is confirmed within the inheritance claim period, the child gains statutory inheritance rights. Undue enrichment laws apply post-estate division.
Legitimation registration cannot be revoked.
Children born during marriage are presumed legitimate despite subsequent annulment.
A child can use the father’s family name unless unknown, then the mother’s name applies.
Ascendants cannot be sued without Public Prosecutor involvement.
Children must support parents.
Parents must maintain and educate minor children.
Maintenance applications may be filed by either parent or the Public Prosecutor.
Parental power applies until a child reaches sui juris status.
Parental power includes residence, discipline, chores, and custody.
Previous children retain the same guardian upon parent’s remarriage.
Parental power includes legal representation; guardianship applies to incompetent minors.
Court-appointed guardians revoke parental power or current guardianship.
Notifications to the parent equate to notifications to the child.
Property management under parental power requires prudent care.
Parental power limits juristic acts without court permission.
Child’s income prioritizes maintenance and education, with surplus returned.
Juristic acts regarding minor’s property require court permission.
Conflicting interests necessitate court approval for parental power actions.
Parental power interests extend to shared businesses.
Legacy or gift management for minors requires external management until majority.
Upon cessation of parental power, property must be handed over promptly with a written account.
Spouses with minor children must properly segregate assets before remarriage.
Once sui juris, minors or guardians may certify property management.
Property management disputes must be resolved within one year of parental power cessation.
Court intervention is possible for incompetent or abusive parental figures.
Recovery of parental power is possible upon cessation of detrimental conditions.
Deprived parents remain responsible for maintenance.
Likewise contact between parent and child is encouraged irrespective of guardianship status.
If you are a Muslim then also see the articles on Muslim divorce talaq in Thailand as well as the mutual agreement divorce.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.