Do you fully understand Child Legitimization in Thailand? If a foreigner is married to a Thai citizen resulting to a child being born, the foreigner is considered as the father of the child. But for unmarried couples, the process would be more complex as there is a need to legitimize the father of the child.
Child Legitimization in Thailand
For the legitimization of the child, under Thai law, any woman who is unmarried and gives birth to a child is the legitimate mother of the child and the only person with parental rights over the child. The biological father needs to legitimize a child to be granted parental rights. For him to achieve this, he must be:
· Married to the mother of the child
This is a very basic option. If the biological father marries the mother of the child, he will be granted parental powers over the child. While completing the marriage registration, the father should inform the registrar regarding relevant details of the legitimate child. In which the registrar may then issue a marriage certificate stating that the husband is the legitimate father of the child.
· Administrative Registration
Under Thai law, it is stated that the father of the child can submit an application for child legitimation with the local district office, provided that there is consent from the mother and the child to such application. If consent is not given by both the child and the mother within 60 days from the application, or either of them are stating that the applicant is not the father of the child, the father should pursue this by filing a petition of child legitimization to the appropriate court.
· Court Judgement
Under Thai law, it states that in order for the court to grant legitimization of a child, the father must be able to prove and present grounds for this. Child Legitimization in Thailand can be done via court judgement.
For those who choose this process to legitimize his child, he needs to provide as much supporting evidence as he can to make his case strong. Here are a list of such additional evidence:
- o DNA test results
- o Photos as a couple together while the mother is pregnant of the child
- o Witness sworn statement confirming that the woman was pregnant with his child
- o Bills and other correspondence proving that the father shouldered the hospital and other expenses for the mother and child
Always take legal advice as child custody most times next to be the next step. Speak to a lawyer in Thailand for more guidance as well as legal advice. Child Legitimization in Thailand can be complex so always start with a good expatriate law firm in Thailand.