Child legalized registration
Child legalized registration
The law recognizes children born of women who have not married to men. The only legitimate child of a woman. According to the Civil and Commercial Code, Section 1546.
Therefore, the child certificate. One of the ways to get a child out of wedlock is by law. When a child is registered, the child will be withdrawn. The rights of the child. Have a baby after the birth. No matter when the child becomes a legitimate child.
Can be done in three ways according to the Civil and Commercial Code, Section 1547.
1 When the father and mother are married later. Even if the marriage is void or void.
2 Fathers registered as child means child registration certificate. District 11, district office or district office. This method does not require marriage to the mother of the child. However, the law requires the consent of the child and the mother of the child. Both parties must give their consent in the presence of the registrar. If both can not consent, such as dead mother or maternity mother. In case the child is unable to show his / her consent, such as age, Until the order of the court.
3 Judgment of the child In case the father does not voluntarily consent
The consequences of not having a legitimate child.
1 loses the rights as prescribed by law in Category 1 of Chapter 2 of Chapter 5
2 Can not call the father to pay child support.
3 If an outsider breaks the law, the father dies. The child can not sue for the lack of support.
4 unlawful children He is considered a heir to inheritance under the Civil and Commercial Code, Section 1627 is the illegitimate son that the father. But in reality the inheritance is often denied by the estate. Therefore, there must be a burden to prove the true child.
5 If the father is a servant, when the father dies, the child is entitled to a pension. But when the son asks for money from the government. But the government will deny that the law is legitimate. The child must file a lawsuit before the court. It will be heir heir oppose that is not a child.
6 tax deductions
7 Visa Type of child support In case the father is a foreigner
The supporting documents are as follows.
1 ID card of father and mother
2 Parents' and children's household registration
3 birth certificate
4 maternal death certificates (In case of maternal death)
5 copies of parent / child's name change (if any)
6 maternity consent letter Mother's life is still alive.
7 vouchers for divorce (if available)
8 photos showing the relationship of parents and children (pictures should be relatives)
9 Student's Certificate of Schooling
10 results of genetic testing or DNA of a public hospital (In case of maternal death)
additional documents (If the father is a foreigner)
11 passports PASSPORT Thai translation
12 VISA to enter the Kingdom
13 Laws concerning the adoption of a child of a foreign parent Disputed cases of legal conflict According to the Act on the Contradiction of Laws, 1938
Procedure and timeline
The petition date is not less than 45 days and within 15 days the father must bring the child. And the mother to give a statement to the staff of the Observation and Protection Center for Children and Young People. To report the fact of proposing opinions to the court in consideration of the Act on the Establishment of the Juvenile and Family Court Section 117
On the day of the petition, the petitioner, the petitioner and the child must come to the court with the original document after one month from the date of the court order. The father can ask for a court order. And the key to the lawsuit. Then apply to register at any district office / district office. Total duration of 2 - 3 months.
Sample of court judgments interesting.
Judgment of the Supreme Court No.3741/2533.
The death of a person to the birth of the plaintiff, indicating that he is the father. Accept the plaintiff as a child in the household registration. During the war, the plaintiff and his wife migrated to the family. The circumstances indicate that the plaintiff is the child of the deceased.
1 Court fee 200 baht
2 Newspaper fee 500 baht
3 closing fee declaration The domicile of the petitioner does not exceed 700 baht.
4 fee for sending and copy of the petition to the other party not exceeding 700 Baht
5 fee for sending appointment and copy of the petition to the Child Protection and Detention Center 300 baht
The Thailand Civil and Commercial Code Relevance
PARENT AND CHILD
Section 1546. A child born of a woman who is not married to a man is deemed to be the legitimate child of such woman.
Section 1547. A child born of the parents who are not married to each other is legitimate by the subsequent marriage of the parents, or by the registration made on application by the father, or by a judgment of the Court.
Section 1548. When legitimation is applied for by the father, the child and the mother must give consent to the applicant.
In case where the child and the mother do not appear before the Registrar for giving the consent, the Registrar shall notify the child and the mother of the father’s application for registration. If the child or the mother raises no objection or does not give the consent within sixty days after the acceptance of the notification by the child or mother, it is presumed that the child or the mother does not give consent. The period of time shall be extended to one hundred and eighty days in case where the child or the mother has been outside Thailand.
In case where the child or the mother raises an objection that the applicant is not the father, or does not give the consent, or is unable to give the consent, the registration for legitimation must be effected by a judgment of the Court.
After the Court had pronounced a judgment effecting the registration of the legitimation and the judgment has been produced to the registrar for registration, the Registrar shall effect the registration.
ACT TO CONFLICT OF LAW B.E.2481
Section 30. Right and duties between parents and legitimate child are governed by the law of nationality of the father.
If a child is born of women who is not married, the right and duties between the mother and the child are governed by the law of nationality of the mother
Section 31. Legitimation of a child is governed by the law of nationality of the father at the time of legitimation; if at suchtime, the father happens to be dead, the law of nationality of the father at the time of his death shall govern
Additional Advice from Lawyers
1 DNA screening requires consent. If the party does not give consent. The law assumes that the facts are in line with what the other party claims.
2 DNA tests at state hospitals, such as Ramathibodi Hospital. Service charge 6,500 Baht
3 cases of maternal life The court orders parents to check their DNA and bring the case to court before the date of the trial.
4 After completing the court procedure The father must bring the documents, including the verdict and the statement of the case. To file a petition for registration of children to the Registrar at any district / district office with two witnesses, which is considered complete.
5 cases of parents being foreigners Can not speak and read Thai. An interpreter is required in the observation room and at the court.
6 To apply the judgment in force in the country of the foreign father. The law of that country must also be presented to the court.
|Attorney fees for Child legalized registration case|
|Petition The father is a foreigner||25,000|
|Petition The Mother died||30,000|
Note : This rate is only applicable to jurisdictions in Bangkok and its vicinity. Chiang Mai Province
Apart from that The cost of travel is THB 5 per Km.
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