Child Legitimation is a legal process that bestows significant rights upon children. It helps preserve family honor and social standing.
Fathers who are not listed on the child’s birth certificate may acquire parental powers by registering their legitimation at a local district office. They must apply for registration within sixty days (or one hundred and eighty days if they are abroad). The mother and child must express consent to the application.
Biological Relationship
A child can only have a legal relationship with a parent through recognition of the biological relationship. This process is commonly referred to as legitimation. Biological parents are legally obligated to provide financial, emotional, and physical support for their children.
The father can initiate the process of acknowledging paternity and acquiring parental power by filing an application with a district office, requiring consent from both the mother and the child. This procedure is outlined in Section 1547 of the Thai CCC.
Legitimated children acquire the same legal rights as children born to married parents, such as inheritance and use of the father’s surname. Furthermore, they can acquire citizenship and are able to apply for custody. In some cases, the court will address custody issues alongside the case of legitimation to assess whether the father is suitable to exercise partial or full custody. However, this is not guaranteed. If the father does not consent to legitimation, he may be required to file a petition with the court.
Consent
In order for a child to be legally legitimated in Thailand, both parents must provide their consent. If either parent refuses to do so, the process will not be able to proceed. This can be a difficult issue for many families, especially when there are cultural or social factors at play. It is important that both parents are aware of this before beginning the process and understand the implications of their decision. They should also be mentally capable of providing their consent and not subject to any legal incapacities.
Fathers who wish to establish their parental ties through legal means in Thailand have several options, including subsequent marriage or registration of the relationship at the local district office (Amphur). Legitimation is an essential process that bestows significant rights upon children born out of wedlock, such as the ability to inherit and access government benefits. It also demonstrates the state’s commitment to ensuring the welfare of its citizens, regardless of their family structure.
Registration
In order to register a child as legally legitimated, both the mother and father must express their consent to the application within sixty days (or one hundred and eighty if they are living abroad) after receiving notification of the application. If they fail to do so, it is presumed that they do not consent. Once registered, a child will acquire the right to bear the father’s surname and gain access to benefits such as social security and healthcare. The father also becomes legally obligated to financially support the child, reducing the reliance on the mother for support.
Legitimation allows children born out of wedlock to enjoy the same legal rights as those of their married counterparts, promoting family harmony and strengthening familial ties. It also gives the father a sense of responsibility and a greater involvement in his child’s upbringing, as well as the opportunity to visit or take custody of the child at any time.
Fees
As with any legal process, child legitimacy can entail a variety of fees. These may include registration and filing fees, legal representation, or other court costs. Consultation with a lawyer is highly recommended to help navigate the various methods and requirements of Thai legitimation.
In Thailand, a father cannot legally acquire parental rights or obligations over his child unless the relationship is registered as a father-child legitimation. The father must apply to register the relationship at a district office with the mother’s consent.
Legitimation also establishes a legal bond between the father and the child and allows the father to participate in custody arrangements, visitation, and other aspects of child rearing. It can even entitle the father to financial support under certain circumstances. However, it is important to note that the father is not legally obligated to pay maintenance for the child until a legitimation case has been addressed by the courts. Read more on child support in Thailand.