Whether a father is married or not at the time of his child’s birth, he needs to register with the local district office (Amphur) to be legally recognized as the parent. This allows him to claim inheritance rights, custody, use his surname and gain citizenship.
The process of legitimation can be challenged if the mother or child deny consent. It is important to have a lawyer experienced in Thai family law.
When you get married in Thailand, it is important that you register the marriage. This is because the marriage certificate is a legal proof of your marriage and can be used for several purposes, such as applying for visas or passports, establishing bank accounts, claiming inheritance rights, etc.
In addition, the registration of a marriage provides some level of protection for the spouses. It can help deter bigamy, and it can also safeguard property rights within a marriage. It can even help with legal disputes in cases of divorce or child custody in Thailand. Furthermore, it can provide social recognition and validation for the marriage, particularly for couples who chose a simple wedding ceremony.
The person registering the marriage must fill out the Marriage Registration Form (MRF) and have it signed by both parties and two witnesses before the ceremony. This MRF is then given to the person solemnising the marriage so that it can be registered as soon as possible after the ceremony. The MRF must then be given to a Registrar for registration within 1 month of the ceremony. This can be done by a local government office or a court. The MRF must be kept safe as it is often required for official purposes in the future. If the MRF is lost, a replacement must be obtained.
In the absence of a marriage, fathers who want to establish their relationship with a child can do so through the process of child legitimation. This important legal process gives a biological father the right to make decisions about the child’s upbringing and future, as well as providing him with access to his children’s medical records. It also provides him with rights and responsibilities in relation to inheritance.
However, the process can be complicated and time-consuming, particularly when paternity is contested or if both parents are not on good terms. Additionally, the cost of DNA testing and other associated legal expenses can be significant. Thankfully, it is possible to speed up the process by using a voluntary acknowledgment of parentage (VAP) form.
This option is available to both Thai and foreign nationals, and it can help to avoid the stress of a lengthy court proceedings. However, it is important to understand the repercussions of signing this document and to consider the child’s emotional and social wellbeing in making this decision.
If both parties agree to a VAP, the process can take only a few days at the Amphur. However, if a court order is required, the entire procedure may take 3-6 months or longer, depending on case complexity and court backlog. The legal process of obtaining parental rights involves many steps and is best carried out with the help of an experienced lawyer.
In some cases, a father who wants to establish paternal ties with his child may have to resort to court action. This procedure, known as legitimation, grants a child with the same legal standing as children born within a marriage and confers rights such as inheritance, surname, custody and support. It also removes social stigma and helps the father forge a stronger bond with his child.
To initiate the process, the father submits his name, address and identification to a district office. He must then notify the mother and child of his application, giving them 60 days to express consent or objection. If the mother or child do not appear to object, the registrar will register the child as legitimate.
However, the mother can still oppose the father’s request for legitimation by saying he is unfit to exercise parental powers. The court will then examine the case and make a decision.
Even after a child is legally recognized as the father’s, he cannot take custody of the child unless the mother formally relinquishes this right. However, a father can obtain visitation rights and access to the child if the mother allows it. Custodial arrangements should be clearly defined in a custody dispute, as it is important to consider the child’s best interests. In some cases, a guardian (phuupkrng) can be appointed to act as the child’s protector.
In Thailand, like most western countries, children born to unmarried parents have the same legal rights and responsibilities as children of married couples. However, in order for a father to acquire parental power and custody, he must take steps to legitimize his relationship with the child. This can be done through marriage, court action or government registration and requires the mother and the child to express their consent. An experienced Thai family law lawyer can help guide you through this process.
In addition to reducing the stigma of illegitimate children, legitimization can also help fathers establish financial ties with their children through their obligations to provide support. In the future, fathers may also be able to claim inheritance in the event of the mother’s death or divorce.
Although there are several ways to establish paternity in Thailand, it is important to take the proper steps to ensure that you have all the necessary documentation to proceed with your case. Our English and Thai speaking lawyers can assist you with this process, ensuring that your rights are protected at every step of the way. In some cases, additional documentation such as DNA tests or photos of the father and woman together when she was pregnant is required in order to prove the relationship. These requirements can be very complex and our lawyers will be able to guide you through the entire process.