These are the paternity laws in Thailand. Paternity is referred as the connection or relationship by law among the father and child. By and through marriage, court judgment and government registration it can be established. Paternity is automatically understood for married individuals. But for a child born out of wedlock, legitimization for the child should be done by the husband or father. Aside from this mentioned methods, paternity shall not be considered.
Paternity laws
A child born outside of marriage is by law, an illegitimate child. And under Thai law, the mother can claim rights over the child. Regardless the father declares and acknowledges when the child was born that the child is his, this does not automatically gives him the right for the child. The father needs to go through legitimation to claim rights over the child.
The court determines the legality in claiming rights over the child.
There are cases wherein a child is born after the marriage has ended in divorce, and if still within the 310 days from termination of marriage, child will still be considered as legitimate. The former husband would still be declared as father of the child under paternity laws in Thai law.
If the previous husband is in doubt and is questioning the issues of child’s legitimacy to be his, he may renounce the legitimacy of the child. The assumes father may then file a petition and request from the court in conducting a DNA test which will be officiated and arranged by Thai authorities at the requester’s expense. Evidence and proof must also be declared in support of his disagreement on child’s relationship. It is only the court who will decide on cases for denial of paternity. This is a very brief overview of paternity laws in Thailand.
When the biological father of the child wants to exercise his rights over the child, such as having custody of the child, this is referred to as Paternity rights. Thai law has given responsibilities for the father having paternal rights which include specifically financially supporting the child, taking care of the child and to any consequences resulting from the decisions made on behalf of the child.
Thai law has applied same rights to foreign fathers as with Thai fathers. For the biological father to obtain rights over the child he must be married or a petition be files on court for legitimacy of the child. There will be contradictions and legal issues on paternal rights and paternity among foreign fathers when establishing citizenship in foreign country, as it will then involves foreign and Thai law with its own legal requirements to process. These are the paternity laws in Thailand.