The process of Child Legitimation confers significant legal rights upon children born to unmarried parents in Thailand. By understanding the stages involved, parents may confidently navigate this process and guarantee that their child’s best interests are upheld.
Legitimate children have the right to bear their father’s surname, inherit property, access benefits and travel abroad. They also have equal parental power and custody.
Parental Rights
Parents have a duty to provide children with food, shelter, clothing and education. The father is also obligated to contribute to these expenses. Parents also have a right to appoint guardians for their children, even after they are grown.
Legitimation is important for fathers who wish to assert their rights and establish visitation arrangements. It is also necessary for legal recognition of children who were born out of wedlock.
The process of legitimation requires the father to apply to a registrar to register his relationship with the child and mother. During this procedure, the father must submit DNA results and other relevant documents. The registrar must notify the mother and the child of the application and allow them sixty days (or one hundred eighty days if they are overseas) to object or give their consent. If the father is able to present sufficient evidence to convince the court that he is the father, the court will approve the registration of his legitimation.
Custody
Custody rights are a crucial aspect of child legitimacy. In addition to reducing societal stigma, it provides financial security for children as fathers can legally enforce their obligations to support their children.
In Thailand, fathers who seek to gain custody of their children can initiate legal proceedings by filing a petition for legitimation at the appropriate court. During the process, the court will assess whether the father is suitable to exercise partial or full parental powers over the child.
Those with existing custody agreements can also use this procedure to modify the terms of their arrangements, such as visitation rights or child support in Thailand. The courts can also revoke custody rights if they are being misused or abused, or if the mother is unable to care for the child.
Social Acceptance
Children born outside of marriage are considered illegitimate in Thailand, but fathers can gain substantial rights and privileges for their offspring by legitimizing their child. These rights include custody and financial security, inheritance rights, and social acceptance.
The legitimacy process is complex, and understanding the legal framework, processes and ramifications is vital for parents who wish to initiate this process in Thailand. With the proper guidance, Thai-English speaking legal experts can help families manage this process confidently and ensure that all prerequisites for legitimacy are met.
Research has shown that single mothers experience intersectional stigma, including discrimination based on their gender and mental illness status, as well as other social characteristics such as age and socioeconomic class. This has implications for their wellbeing and life chances. This can affect their mental health, family functioning, and even their relationship with their children. Moreover, it can lead to feelings of social exclusion and disavowal. These can be particularly harmful to teenage girls.
Financial Security
Although Thailand’s law states that a child is exclusively the mother’s, fathers can legally establish paternal ties through a process known as legitimation. The procedure grants children with important parental rights, such as custody and visitation, and also enables them to claim inheritance in the event of a deceased parent.
Aside from legal ramifications, legitimation also confers social and emotional benefits to the family. It allows fathers to create a stronger bond with their children and also promotes a sense of belonging for all members of the family unit. However, the process can be complex and requires an in-depth understanding of Thai family law. Therefore, it is advisable to seek legal representation through a reputable family law firm with experience in this matter. The firm can help guide parents through the process, ensuring that their best interests are upheld. Moreover, they can help secure appropriate child support payments for changing financial circumstances. Child support may include educational expenses as well.
