Child Legitimation in Thailand is a legal issue that has far-reaching implications for families. It is important to understand the process and why it is important.
In Thai law a father cannot legally acquire rights (or obligations) over a child unless he is registered as the Father at the local District Office. This requires the mother and child to express their consent for the application.
In Thai culture, family honor and respect for tradition play a significant role. Legitimating a child can help preserve family pride and social standing. It is also a step toward building a solid foundation for children and ensuring their equal rights.
In Thailand, individuals that are legally established to be parents of a child receive parental rights until the child reaches legal age (20). These parental powers give the individual the ability to decide over the children’s education, custody, and religion.
A father can acquire parental power over his children by registering his legitimation at a local district office. This process requires that the mother express consent to the application and that both the mother and the child appear before a Registrar. If the mother or the child does not show up to express their consent, the application will be denied. The only other option is to petition the court for a decision on legitimacy, which can take time.
The process of child legitimation in Thailand is complicated by various factors including the legal context and cultural values. Cohesive families are characterized by well-defined boundaries that insure that difficulties in one family member’s relationship do not proliferate and adversely affect the whole family.
Fathers who wish to have parental rights and responsibilities in the event of divorce must undergo the legal procedure to become recognized as the children’s fathers. This can be done through marriage, court action or government registration of paternity.
For a father to be considered as the legal parent of his child, both the mother and the child must consent to his application in the presence of a registrar. If the mother and the child do not appear to express their consent within sixty days (or one hundred and eighty if they are outside of Thailand) after receiving notification of the father’s application, it will be assumed that they do not give their consent.
One of the key drivers uncovered is the positive impact that community acceptance has on local economies. This is demonstrated by the fact that it can increase tax revenues for local authorities, provide a boost to businesses and create jobs in host communities.
Legitimation of a child in Thailand can be done through either marriage or the registration of a relationship between the father and the mother. The latter option allows fathers to gain custody rights for their children. It also entitles them to inherit a deceased parent’s property.
The law defines a child as anyone below the age of 18 years. However, this criterion may need to be amended to bring it in line with the definition in the United Nations Convention on the Rights of the Child. Moreover, some provisions in the Penal Code define children by different age groups such as those between 7 and 14 and those over 14. This reflects that there are differences in attitudes towards the use of corporal punishment in Thailand.
Custody is a word that normally refers to the charge and control of an item or property. Under Thai law however, it can also be used to describe the physical ‘guardianship’ of a child. If a father wants to gain custody of his children in Thailand, he will first have to establish legal paternity.
Generally, this is done by making a declaration at a district office. This process will usually require the father to give his name, address and occupation to the registrar. The mother and the child must then be notified of the application. If they object or fail to appear within sixty days (or 180 days if they are outside of Thailand), it will be assumed that they do not consent to the father’s request.
Once a father has established legitimation, he has equal parental power and custody rights with the mother. This includes the right to visit the children and even take them abroad.