Obtaining parental rights for fathers in Thailand through subsequent marriage, court action or government registration is known as “legitimation.” Legitimate children acquire significant benefits including social acceptance and legal entitlement to financial support.
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Legal Rights
While Thai law dictates that children are the exclusive property of their mothers, fathers can establish paternal ties through a legal procedure known as legitimation. This process bestows a host of significant rights, including custody, visitation, and inheritance.
Child Legitimation in Thailand can be accomplished through either voluntary acknowledgment or a court action. The former involves the mother and child consenting to the process, while the latter requires a judge’s approval. In either case, the father must file a petition to the courts with the proper documentation. The mother must also consent to the process, or the petition will be denied.
Upon completion of the legitimation process, the father will have equal parental powers and responsibilities as the mother, unless deprived by a court order. Moreover, the father will be allowed to use his surname and acquire citizenship for his child. Inheritance rights will also be available, although the father must pay a fee to claim them.
If the mother or child objects to the legitimation, or is deceased, a close relative can bring an action to have it declared void. In such a situation, the action must be filed within one year of the date of registration. After this time, the action will be deemed to have lapsed and will no longer have any effect.
Custody
In the event of a divorce or separation, parents usually agree on their custody arrangement without the need for court intervention. However, if they are unable to reach an agreement then the judge will make a decision. The judge will take into account the best interests of the child as well as social worker reports and any relevant evidence. It is important to note that gender does not play a role in the determination of custody rights.
In some cases, fathers will want to legitimize their children in order to gain parental powers and custody rights. However, under Thai law, a father can only acquire these rights through a marriage registration or voluntary acknowledgment or by petitioning the family court.
Legitimising a child will give the father significant legal recognition and rights, including inheritance. It will also allow him to use his surname and apply for citizenship or a visa on behalf of the child. This may also protect him in the event of a separation, divorce or death. In addition, it may provide him with more options when arranging a caretaker for his children. This is particularly beneficial for foreign nationals as it will not hinder their immigration status. It will also allow them to maintain a good relationship with their children. For this reason, it is a vital step for families living in Thailand.
Inheritance
Although Thai law states that a child is exclusively the mother’s child, fathers can establish paternal rights through the process of legitimation. Once completed, a legal father will have equal custody and visitation rights with the mother of his children and will also be able to legally inherit property and assets from them. He will also be able to use the father’s surname and obtain citizenship or nationality for his children, as well as travel abroad without restriction.
In the event of a deceased person who did not make a will, statutory Thai inheritance laws will apply and his estate assets will be distributed to his legal heirs as stated in Book VI of the Civil and Commercial Code. Our lawyers can assist with the drafting of a last will and testament in order to protect your interests should you pass away in Thailand, as well as help you navigate the complexities of Thai inheritance laws. For foreign nationals, especially in situations involving company assets and share inheritance, we can guide you through the complex legal scenario ensuring your rights are protected and properly documented. This is particularly important when a foreign director owns shares in a Thai corporation which will not automatically transfer to the surviving spouse upon death. Instead, a formal process must be followed to ensure the inheritance is tax exempt.
Foreign Nationals
For foreign fathers in Thailand, child legitimation is essential to establishing legal rights and responsibilities in their children. Whether through marriage, district office registration, or family court proceedings, the process ensures that a father is legally recognized as the biological father of the child and has the power to exercise parental authority. It also imposes obligations regarding financial support, custody, and inheritance.
Despite appearing on a birth certificate, a father who is not legally recognized by the government as the offspring of a mother cannot claim equal parental rights or custody. This is because he does not have the same standing as a father born within marriage. To overcome this hurdle, he must undertake the process of proving paternity through DNA testing and receiving consent from the mother.
For many foreign fathers in Thailand, the process of legitimation can be lengthy and complicated. Challenges such as disputed consent, delays in the court system, and cross-border recognition may require the assistance of a skilled Thai attorney to overcome. However, the effort is worth it, as legal legitimacy can reduce societal stigma of illegitimacy and provide greater financial security through a legal obligation to provide financial support. In addition, it can enable children to qualify for citizenship and immigration benefits. The process of establishing fatherhood is also important for families that intend to seek divorce, as the court can take into account the legitimacy of the child when making a custody decision.
