All nations have certain legal guidelines on parentage. In many countries, the problem is always on paternity. The birth mother is always automatically registered because the legitimate parent of the child regardless of her civil status while there are specific situations required in a few countries in terms of paternity.
Provisions of the Thai Parentage law Code spell the different standards corresponding the kid’s legitimacy or illegitimacy and paternity.
On child’s Legitimacy
Under section 1536, a legitimate child is defined as one that is born of a married mother inside the duration of marriage or if marriage is terminated, within 310 days after the wedding termination. This also applies to a child born earlier than the marriage has been declared void by the courtroom’s final judgment or within 310 days from final date judgment. In this case, the husband of the married birth mother is presumed and named the valid father of the child.
This is also indicated in section 1560 which states that “the child born in the course of marriage is considered to be valid even if the marriage has been thereafter cancelled.”
Some condition for a child’s legitimacy is described in section 1546 – wherein a child born of a woman who is unmarried to the child’s biological father is decided to be the legitimate infant of the single birth mother.
But, if the woman is not married to the kid’s biological father and is not named as the legitimate father of the kid. single mothers are denied the presumption of legitimacy for a father via the courts. even if the biological father of the child signs his name as the natural father, Thai parentage law does not allow for him to be named as the legitimate father.
Underneath phase 1547, if a child is born to parents who aren’t married to each other, the kid turns into legitimate by using the following marriage of the mother and father or by way of the registration made by using the father on application or by means of court judgment.
If the biological father of a child born to single parents applies for legitimation, the child and the birth mother ought to provide approval to the applicant, as stipulated in section 1548.
Legality of Marriage
The application of legal presumption is affected by the legality of marriage between mother and father. Thai laws only understand marriages that are officially registered in Thailand or in a foreign country as legitimate. If the marriage is recognized by Thai government, the child born inside such marriages is taken into consideration valid. If, however, the marriage is an unregistered religious ceremony and unrecognized in foreign country, the child isn’t decided as legitimate.
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