Results 1 to 3 of 3
  1. #1
    Thailand Expat raycarey's Avatar
    Join Date
    Jan 2006
    Last Online
    @
    Posts
    15,054

    Thailand's Paternity and Custody Laws

    i have an acquaintance who got his thai girlfriend pregnant yet was completely ignorant of thailand's paternity and custody laws. he just assumed that the laws of thailand were the same as in 'the west', but he couldn't have been more wrong. of course you would think that a father would at least do a cursory level of due diligence, but sadly this was not the case. when he saw the information below, it was an eye opener to put it mildly.

    Custody of a child in Thailand | Thai Law



    In most Western countries, the Mother and Father of the child get equal rights and obligations. Under Thai Law, this isn't the case. According to section 1546 of CCCT, when a child is born and the mother is NOT married to the father, the father has no LEGAL RIGHTS over the child. Only the mother has rights (and obligations) over the child.




    A person could be named on the birth certificate as the father, but his rights are NOT legalized under Thai law. Even with a DNA test, he could be the father on the birth certificate and be the biological father, but he won't be the LEGALIZED FATHER.


    There are 3 exceptions mentioned in article 1547:




    1. If there is a subsequent marriage between the parents
    2. If there is a registration made at the amphur
    3. If there is a judgment by the Court.




    Exception one is easily understood.




    Exception Two is more complex: Both parents must consent that the Father is the legitimate Father and the local authorities (Amphur or Khet in Bangkok) will normally require the child to be old enough to understand and accept this situation.




    In Thailand, each registration office is different and they often do not apply the same rules. However, they will normally legalize the Father ONLY when the child is over 7 years-old, able to sign his name, able to consent, and all parties will have to give their consent to the local registration office.




    If the child is younger and there is an attempt to register the Father's rights at the amphur, the applicant is often told to get a judgment from the Court before it will be possible to legalize the rights of a Father. After a Court decision is rendered and, if it is positive, becomes enforceable (after 30 days), it is then possible to use the judgment to legally register the parent’s rights at the amphur.




    Exception Three: Re a judgment by the Court, see the section below called "action to legitimate a child under a Thai Court".


    Unmarried parents can make a simple agreement between them related to custody but the agreement won't be enforceable by Law. An example is the Supreme Court judgment 7473/2537. In that case, the plaintiff and the defendant cohabited as husband and wife but did not register their marriage. They had one child together, namely; Mr. Yor. According to Thai Law, the plaintiff is NOT the legitimate father of Mr.Yor and has no rights or obligations (duties) over the child. It is clear that the mother has FULL and SOLE parental powers. But the plaintiff and the defendant made a settlement agreement stating that Mr. Yor shall live alternatively 2 weeks with each party. The Supreme Court stated that this agreement cannot be effected pursuant sections 850 and following of Civil and Commercial Code. Therefore, the plaintiff cannot enforce the defendant to comply with such an agreement.
    Custody of a Child(Thailand) - thailawonline




  2. #2
    Thailand Expat Saint Willy's Avatar
    Join Date
    Aug 2019
    Last Online
    30-04-2022 @ 02:44 AM
    Posts
    11,204
    Appreciate the info,Ray.

  3. #3
    Thailand Expat raycarey's Avatar
    Join Date
    Jan 2006
    Last Online
    @
    Posts
    15,054
    Quote Originally Posted by TheRealKW View Post
    Appreciate the info,Ray.


    thought the info might be useful....particularly to newbies.


Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •