Child Legitimate in Thailand #ThaiLawyerFamilyCase
The Thai law recognizes child was 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 legitimation of child is one way to make a illegitimate child a legitimate child of the father
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.
2. the legitimation of child, 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 or unable. 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 bad result 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. Divorce certificate (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 state hospital
additional documents (If the father is a foreigner)
11. PASSPORT with Thai translation
12. VISA to enter the Kingdom of Thailand
13. Laws concerning the legitimate of a child of a foreign parent Disputed cases of legal conflict According to the Act on the Contradiction of Laws, 1938
1. Court fee THB 200
2. E-Notice system Free
3. Closing fee declaration The domicile of the petitioner does not exceed THB 700
4. Fee for sending and copy of the petition to the other party not exceeding THB 700
5. Fee for sending appointment and copy of the petition to the Child Protection and Detention Center THB 300
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 investigate, 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 documents certify the case to the end. 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.
Judgment of the Supreme Court No. 1469/2526
Men live with women. And show marital relations in various places Openly admitting that a woman is a wife There is a banquet celebrating pregnancy. Expresses the assurance that the plaintiff, the fetus in the mother's child is their child. The plaintiff is an illegitimate son who has already been certified by his father. Considered as descendants like a legitimate child under the Civil and Commercial Code, Section 1627 and a statutory heir has the right to inherit under Section 1629 (1)
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.
Section 1555. An action for legitimation may be entered only in the following cases:
Where there is a rape, abduction or illegal confinement of the mother during the period when conception could have taken place;
Where there has been elopement or seduction of the mother during the period where conception could have been taken place;
Where there is a document emanation from the father and acknowledging the child as his own;
Where it appears in the birth register that the child is a son or daughter of the man who notified of the birth, or such notification was made with the knowledge of the man;
Where there has been open cohabitation of the father and the mother during the period where conception could have been taken place;
Where the father had sexual intercourse with the mother during the period when conception could have been taken, and there are grounds to believe that he or she is not the child of another man;
Where there has been a continuous common repute of being a legitimate child. There status resulting from continuous common repute of being a legitimate child is established by means of facts showing the relationship of father and child, as evidenced by the child’s connection with the family to which he claims to belong, such as the fact that the father has provided the child’s education or maintenance, or that he has allowed the child to use his family name or other facts.
In any case, if the man is found unable to be a father, the case shall be dismissed.
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 THB 6,500
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
♦ Petition The father is a foreigner
♦ Petition The Mother died
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