How To Gain Parental Rights As A Father

[Mario2008]

When a baby is born, it is clear who the mother is. Who the father is remains the question. If the mother is married the the law will assume that the husband is the father of the child. It doesn't matter who makes the registration.
However, if the mother is not married, the law makes no such assumption and the father being named on the the birth certificate is not enough. After all,anyone can be named on the birth certificate as the father, without that person knowing let alone agreeing. In that case the father has to legitimize the child, with which he acknowledge before the law that he is the father of the child.

The Thai law gives 3 possibilities to become the legal father of a child:

1. When the mother and father marry after the birth of the child, the father becomes automatically the legal father of the child.

2. The father asks to be registered as the legal father at the amphur. For this two criteria has to be met. The first one is that the mother has to agree. The second one is that the child also has to agree. However, the law doesn't give an age at which the child can give consent. Most amphurs will accept the consent of the child when it is at least 7 years old, but some amphurs seem willing to accept the consent of a child when a child is as young as 3 years old.Taking a respected local person with you might increase your chance on registration at an early age.
There might be amphurs that will accept a registration of the father as the legal father when the father and mother appear at the amphur together to register the birth of the child and ask at the same time that the father be registered as the legal father. It is not according to the law.

3. The father petitions the court to become the legal father of the child. This is the only option that can be used when the child is too young or the mother or child don't consent to the legitimization. If the mother does consent, it is a relatively simply process, a longer one if the mother doesn't agree.

Note that becoming the legal father is not the same as gaining parental rights, that is a different subject. You might become the legal father, without getting parental rights. Becoming the legal father means that you establish family ties with the child. That is for example important for a child's nationality and right to inheritance. With establishing parental rights you get authorithy over the child and can for example determine the place where a child stays.

Always check with you embassy how you can legitimize a child under the laws of your own country. in some cases this can even be done before the child is born.


Above applies to a father who wants to become the legal father of a child. It is also possible that a father doesn't want to become the legal father of a child, but the mother or the child do want the father to legitimize the child. In that case a paternity suit can be made against the father and the court will decide if the person is indeed the father of the child. This will establish family ties between the father and the child, which again relates to nationality and inheritance, but also gives the child right to child support.
The child often has more rights regarding this than the mother. Often the mother has a imited period in which to file a paternity suit, while the child has a much longer time to file a paternity suit against the father.


For more information about parental rights and legitimization of a child under Thai law read this article from ThaiLaw Online:
http://thailawonline.com/en/family/children/custody-of-a-child-thailand.html



NOTICE:
This is a revised version as the old topic was incorrect and misleading. It mentions incorrectly that you can legitimize a child by registering the birth of a child yourself at the amphur. The old topic can be found here:
http://www.thaivisa.com/forum/topic/235443-how-to-gain-parental-rights-as-a-father-when-not-married/

[mkawish]

Mario, there is a private message for you. If you have time, please advise with much appreciation. Thank you very much.

[tevez32]

I Signed copies of my passport at the amphur, but i'm not named as the person notifying the birth. Are the signed copies of my passport acceptance that i'm the legitimate father

[Mario2008]

I Signed copies of my passport at the amphur, but i'm not named as the person notifying the birth. Are the signed copies of my passport acceptance that i'm the legitimate father

No, they attest to nothing. It are just signed copies of your passport.

Some amphurs seem to want that, together with a translation of your name in Thai, if they register someone as the father on the birth certificate. But even if you went there yourself, it is not the same as legalizing your child. If not married the birth certificate only certifies that the person registering the birth claims that a child was born from the named mother and has the named father.

This claim is not considered to be a legitimization.

[CharlieHarper]

This is all very interesting.

Does Thai law accept DNA proof of who the father is?

[Mario2008]

This is all very interesting.

Does Thai law accept DNA proof of who the father is?

Yes. It is one way of prooving parenthood.

[CharlieHarper]

This is all very interesting.

Does Thai law accept DNA proof of who the father is?

Yes. It is one way of prooving parenthood.

So, if you are shown to be the father by DNA you wouldnt have to go through any of the 3 options in the original post?

Any idea how you would register as the father in this case (ie having DNA proof)?

[Mario2008]

It will be accepted as proof, by the court. What DNA-proof does is making it difficult to contest you are not the father. You still have to go through court if the mother and or child doesn't agree or the child isn't old enough.

Next step will be (shared) custody, if the mother disagrees.

[CharlieHarper]

It will be accepted as proof, by the court. What DNA-proof does is making it difficult to contest you are not the father. You still have to go through court if the mother and or child doesn't agree or the child isn't old enough.

Next step will be (shared) custody, if the mother disagrees.

Thanks for your replys Mario, appreciated. It is an interesting topic.

I always assumed in UK that whoever was named on the birth certificate was accepted to be the father, legally speaking. Makes me wonder if that is actually the case now.

[Nawtier]

How much should court cost to become the recognised legal father ??

My son was born overseas, we went to the family court to get this document of recognition several years ago.

My daughter was born here and I am on the birth certificate, but i presume as we are not married, that i am not recognised is that correct ??

[Mario2008]

Correct, as born out of wedlock she is not recognized automatically.

The first question is how old is she? If older than 4 I would first try to go to the amphur. Normally an amphur will require a child to be 6 or 7 years old before they can make a statement, but the law doesn't mention a required age. If you live in a community where you know some people at the amphur or the village headman can vouch for you, they might accept a statement from a child as old as 4. Changes are not, but can't hurt to try.

If not or the child is younger you have to go to court. The cost depends largely on the lawyer you hire. It shouldn't be much work for a lawyer, as I presume the mother agrees and you already have a child together. I recommend asking a few lawyers for a price.

[Nawtier]

She is 6yo.......just wondering re the cost as we went through it with the boy and piad for it, inquisitive now if i was charged to much or an ok price back then.....it took about 3 to go through it all and get the court date etc and the paperwork required for my visa at the time.

[Mario2008]

Not sure about the price. I believe normally in the range between 10,000 and 20,000. In Thailand a lot depends on the lawyers fee, so like I said, if something is straightforward and doesn't need a hot shot lawyer better shop around a bit.

[scottydel]

Amazing Thailand! I jumped through many hoops at my local amphur to have my name added to my son's Thai birth certificate. It is amazing to me that it holds no legal weight. I have DNA evidence, my child was already a US citizen with a US birth certificate and passport (impossible to obtain without a US citizen as a parent) and brought the chief of the village my son was born in to the amphur, and they would not add my name to his birth certificate. They claimed they wanted me to have the DNA work done in a Thai hospital. The US Embassy required the work be done in a US hospital. In the end end, I took a chance and flew to BKK to have the DNA evidence translated and notarized by the US Embassy, and they accepted that and added my name to my son's birth certificate.

So if I had to go through all of that for something that has no legal bearing, what in the lord's name will they require me to do to legalize/legitmize myself as my son's father? Will I have to juggle 4 fire sticks while simultaneously cooking a flawless dish of pad thai coong while my son chants "Go, Papa, Go!"

Mario, would you recommend I choose option 3 and use the courts to legalize my son's birth? I would be very hesitant to deal with my local amphur again if I didn't have to. Any thoughts would be apprecaited!

[Mario2008]

Number 2 doesn't cost and with your DNA evidence it should not be an issue at the amphur, they can hardly deny with they have approved before. But the child has to be about 7 years old. I would give it a try first.

If the child isn't old enough you will have to go to court. That is costly, but not difficult. Especailly not with your DNA-records. Depending on your local court it takes about 2 to 3 months, with I believe two sessions. (1 is with social services to look into your application).

Shop around for a lawyer to determine the price, no need for a hot shot lawyer. It is very straight foreword.

[ESB7]

A child born out of wedlock but with the fathers name on cert and then later a legal marriage.....where does the father/child stand then??

[Mario2008]

A child born out of wedlock but with the fathers name on cert and then later a legal marriage.....where does the father/child stand then??

See onder 1 of the first post. By marrying the mother, the father automatically recognizes the child as his and becomes the legal father.

[ESB7]

A child born out of wedlock but with the fathers name on cert and then later a legal marriage.....where does the father/child stand then??

See onder 1 of the first post. By marrying the mother, the father automatically recognizes the child as his and becomes the legal father.

That makes sense...cheers

[RentingFairly]

A child born out of wedlock but with the fathers name on cert and then later a legal marriage.....where does the father/child stand then??

See onder 1 of the first post. By marrying the mother, the father automatically recognizes the child as his and becomes the legal father.

What do Thai people call "legal father?"

I want to inquire about it this at the Amphur office but I don't know the Thai Wording for "Legal Father" or "Parental Rights as a Father."

Is there a special document or certificate issued for being designated the "Legal Father?"

[Mario2008]

Custody over a child is registered. Normally the khor por 14 form states that a parent has sole custody over a child. I don't know if it will also shows when parents have dual custody.

For the terms in Thai you migth want to contact member mikeyidea. I'm sure he knows the terms for this in Thai.

If you are the legal farther is easy to know. Either you are legally married to the mother or you went to court to be recognised as the legal father. If not, you are not the legal father. (Unless the child is old enough and the 3 of you wnet to the amphur to declare you are the legal father).

[peteralex]

Number 2 doesn't cost and with your DNA evidence it should not be an issue at the amphur, they can hardly deny with they have approved before. But the child has to be about 7 years old. I would give it a try first.

If the child isn't old enough you will have to go to court. That is costly, but not difficult. Especailly not with your DNA-records. Depending on your local court it takes about 2 to 3 months, with I believe two sessions. (1 is with social services to look into your application).

Shop around for a lawyer to determine the price, no need for a hot shot lawyer. It is very straight foreword.

Hi,

when living in the Chonburi province and the legitimization by family court is sought, it is NOT costly, around 350 Baht for stamps, this would probably apply to other provincial family courts as well, if you find a willing and serious, honest and competent officer.

Our daughter is now 3 years, I am the registered father in the birth certificate, but I'm not married to the mother, but living together. We went to Chonburi's family court 2 months ago in order to learn the procedure how to achieve the legitimization. We got to talk to a woman named "KRUNG", she was obviously the supervisor of the registration area (at the counter on ground floor RH side wing), and she looked at the documents, as there was the birth certificate, copy of my passport and her Thai-ID-card and, I think that she already copied these documents. Since she was busy that day she asked to return the next day but not later than 8.30 am in order to complete the application. She mentioned that a fee of approx. 350 Baht for stamp would be collected. Wondering why can be done without a lawyer as known, she answered that there is no such reqiurement, anyone can apply for it, and, that she condemns the dubious business of many agents and lawyers and will not support it.

We arrived the next morning in time, meanwhile she has already prepared the application and we only needed to sign the document and paid the stamp fee. She continued that we could pick up the legitimization document here one month later, as there is a requirement to wait since we're living in Banglamung district, some other districts don't require the waiting.

Exactly one month later we could pick up the legitimization document.

I'm living in TH many years now, but I have neither met nor heard about a honest, helpful and competent official person as Khun KRUNG. Thank you again Khun KRUNG

[RentingFairly]

Number 2 doesn't cost and with your DNA evidence it should not be an issue at the amphur, they can hardly deny with they have approved before. But the child has to be about 7 years old. I would give it a try first.

If the child isn't old enough you will have to go to court. That is costly, but not difficult. Especailly not with your DNA-records. Depending on your local court it takes about 2 to 3 months, with I believe two sessions. (1 is with social services to look into your application).

Shop around for a lawyer to determine the price, no need for a hot shot lawyer. It is very straight foreword.

Hi,

when living in the Chonburi province and the legitimization by family court is sought, it is NOT costly, around 350 Baht for stamps, this would probably apply to other provincial family courts as well, if you find a willing and serious, honest and competent officer.

Our daughter is now 3 years, I am the registered father in the birth certificate, but I'm not married to the mother, but living together. We went to Chonburi's family court 2 months ago in order to learn the procedure how to achieve the legitimization. We got to talk to a woman named "KRUNG", she was obviously the supervisor of the registration area (at the counter on ground floor RH side wing), and she looked at the documents, as there was the birth certificate, copy of my passport and her Thai-ID-card and, I think that she already copied these documents. Since she was busy that day she asked to return the next day but not later than 8.30 am in order to complete the application. She mentioned that a fee of approx. 350 Baht for stamp would be collected. Wondering why can be done without a lawyer as known, she answered that there is no such reqiurement, anyone can apply for it, and, that she condemns the dubious business of many agents and lawyers and will not support it.

We arrived the next morning in time, meanwhile she has already prepared the application and we only needed to sign the document and paid the stamp fee. She continued that we could pick up the legitimization document here one month later, as there is a requirement to wait since we're living in Banglamung district, some other districts don't require the waiting.

Exactly one month later we could pick up the legitimization document.

I'm living in TH many years now, but I have neither met nor heard about a honest, helpful and competent official person as Khun KRUNG. Thank you again Khun KRUNG

That's Awesome. So easy, so fast, so inexpensive. Maybe I will try that route.

Must the child be born in Banglamung or be an official resident of Banglamung?

[Mario2008]

Believe the competent court will be the court for the area where the child is officially registered.

[peteralex]

Number 2 doesn't cost and with your DNA evidence it should not be an issue at the amphur, they can hardly deny with they have approved before. But the child has to be about 7 years old. I would give it a try first.

If the child isn't old enough you will have to go to court. That is costly, but not difficult. Especailly not with your DNA-records. Depending on your local court it takes about 2 to 3 months, with I believe two sessions. (1 is with social services to look into your application).

Shop around for a lawyer to determine the price, no need for a hot shot lawyer. It is very straight foreword.

Hi,

when living in the Chonburi province and the legitimization by family court is sought, it is NOT costly, around 350 Baht for stamps, this would probably apply to other provincial family courts as well, if you find a willing and serious, honest and competent officer.

Our daughter is now 3 years, I am the registered father in the birth certificate, but I'm not married to the mother, but living together. We went to Chonburi's family court 2 months ago in order to learn the procedure how to achieve the legitimization. We got to talk to a woman named "KRUNG", she was obviously the supervisor of the registration area (at the counter on ground floor RH side wing), and she looked at the documents, as there was the birth certificate, copy of my passport and her Thai-ID-card and, I think that she already copied these documents. Since she was busy that day she asked to return the next day but not later than 8.30 am in order to complete the application. She mentioned that a fee of approx. 350 Baht for stamp would be collected. Wondering why can be done without a lawyer as known, she answered that there is no such reqiurement, anyone can apply for it, and, that she condemns the dubious business of many agents and lawyers and will not support it.

We arrived the next morning in time, meanwhile she has already prepared the application and we only needed to sign the document and paid the stamp fee. She continued that we could pick up the legitimization document here one month later, as there is a requirement to wait since we're living in Banglamung district, some other districts don't require the waiting.

Exactly one month later we could pick up the legitimization document.

I'm living in TH many years now, but I have neither met nor heard about a honest, helpful and competent official person as Khun KRUNG. Thank you again Khun KRUNG

That's Awesome. So easy, so fast, so inexpensive. Maybe I will try that route.

Must the child be born in Banglamung or be an official resident of Banglamung?

YES our daughter was born in and is an official resident of Banglamung, however, IMO this cannot be a criteria since a national law and its implementing regulation, i.e. the non-necessity of a lawyer for the application, applies to ALL (family) courts within the jurisdictional territory. IMO it all depends firstly on the competent officer's knowledge of this implementing regulation and secondly of course on his good will doing it without a tea money by either side, the lawyer's or your's. Give it a try and refer to my case at the Chonburi's family court.

[peteralex]

Believe the competent court will be the court for the area where the child is officially registered.

You are certainly right that the competent court will be the court of the area where the child is registered, but not necessarily meaning where the child was born.

Edited May 25, 2011 by peteralex

[Aussietrooper]

How can a farang father gain custody of a child if he splits with the mother?

[Mario2008]

The first question is if he is married to the mother and if not if he legitimized the child.

The next question is what you mean with gsining custody. One can have sole custody, which you can normally only get if the mother agrees to give you that or if she is a danger to the child. Shared custody is the norm in Thailand,

[janverbeem]

2. The father asks to be registered as the legal father at the amphur. For this two criteria has to be met. The first one is that the mother has to agree. The second one is that the child also has to agree. However, the law doesn't give an age at which the child can give consent. Most amphurs will accept the consent of the child when it is at least 7 years old, but some amphurs seem willing to accept the consent of a child when a child is as young as 3 years old.Taking a respected local person with you might increase your chance on registration at an early age.

I take care for a 7 year old child from which I'm not the legal father.When the child was born the mother mentioned the name of the real father at the registration and it is written on the registration document,as far as I understand from her,but the father never signed any document or wasn't present at the registration.They were also never officially married.

The real father is already completely out of the picture for the last 5 years and has no contact at all with the child or the mother.

The mother agrees to have me registered as the father,we are not married or living together, as does the child.In fact he doesn't remember the existence of his real father.

Is it possible that we just go to the amphur together and register me as the father?

Edited August 20, 2011 by janverbeem

[Mario2008]

Well, technically the biological father did not recognize his child, so that position is open.

But my interpretation of the law is that you cannot legitimize the child, as you are not the biological father. However, that is only my interpretation and the amphur might think differently and grant the request. It certainly can't hurt trying.

Note that if you will have to check with your embassy if the child can get your own nationality if you legitimize the child.

Since you claim not to live togehter with the child you cannot get extensions of stay based on the child, but you cna get a non-O visa based on the child.

[janverbeem]

Well, technically the biological father did not recognize his child, so that position is open.

But my interpretation of the law is that you cannot legitimize the child, as you are not the biological father. However, that is only my interpretation and the amphur might think differently and grant the request. It certainly can't hurt trying.

Note that if you will have to check with your embassy if the child can get your own nationality if you legitimize the child.

Since you claim not to live togehter with the child you cannot get extensions of stay based on the child, but you cna get a non-O visa based on the child.

My question wasn't based on visa requirements since I'm on a retirement visa already,and in fact I live together with the child but not with the mother .My question was because I would like to give the child my nationality which might be useful for his future.