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The birth of children outside marriage has increased in number in the recent years. By this same reason, cases on child support, custody and legitimation have also significantly risen. In Thailand, a child born out of wedlock shall be considered the legitimate son of the birth mother. The biological father cannot yet be considered as the legitimate father of the child until any of the following takes place:

In cases when there is a subsequent marriage between the natural parents, the parties concerned must, at the time of their marriage registration in Thailand, petition also for the legitimation of their child.

If the father applies for legitimation, the mother and the child must express their consent to the application. This must be done within 60 days after the said filing. In cases when the child is still a minor, the mother or a designated guardian shall act as the representative of the child.

If the mother and child fail to appear before the Register to signify their consent to the application, the Registrar shall notify them of the father’s action for registration. It shall be presumed that the mother or child does not consent to the application if they would raise no objection or will not signify their consent within 60 days after the acceptance of notification. The 60 day period is extended to 180 days in case the mother and the child are outside Thailand.

There will be cases where the court will effect the registration of the legitimation. These cases pertain to instances where:

Upon finality of the judgment of the court, the judgment effecting the registration of the legitimation shall be produced to the Registrar, and the Registrar shall have the ministerial duty to cause its registration.

Within a 90 day period after the mother and child receives notification from the Registrar of the application for legitimation, the mother or child can notify the Registrar to make a record that the applicant is not a suitable person for exercising parental power over the child. This can be done by them regardless of whether the mother or child will object to the said application.

In effect, although registration of the legitimation is eventually caused, the father will still not be able to exercise in whole or in part such parental power because of the notification. The only means on how the father may exercise such power is if the court pronounces a judgment that the father may wholly or partly exercise parental power. In instances where the Court finds the applicant as unsuitable to exercise such power, it may, at the same time, decide on who shall exercise the power, or be named as the guardian of the child.

In cases where the mother herself has left her child to the care of a guardian alone, the father may petition for the lifting of the guardianship and for him to be given parental power over his child. There are also instances where the any interested person is allowed, within three months from knowledge of the registration of the legitimation, to apply to the court for the cancellation of the same, by reason of a known fact that the father who had caused the legitimation is, in reality, not the father of the child.

Whenever a child is the subject matter of a case, the court regards not only the letter of the law, but the best interests of the child. While the law understands that there is no substitute to the environment of a complete family, the law affords the child the opportunity to grow in the love of a deserving parent.