Paternity in Thailand pertains to the relationship that has been established by law between the child and father. For valid marriages, paternity is automatically assumed. If however, for children born outside of the marriage, child legitimacy should be considered for the husband. Paternity in Thailand can only be established legally by marriage, court judgement and government registration. Aside from this mentioned methods, paternity shall not be considered. If you are going to pay child support then speak to a lawyer about this. Speak to a lawyer in Thailand for assistance.
Paternity laws in Thailand
By default, a child born outside of a marriage is considered as an illegitimate child. By law, only the mother can claim legitimacy rights over the child. The father’s rights, on the other hand, will not be automatic even if the father acknowledges the child as his own. A man who puts his signature in the birth certificate when the child is born outside of a marriage only means that he is the biological father of the child. It does not signify that he is the legal father of the child. As a result, the man who signs the birth certificate cannot be obliged to pay child support.
For biological fathers to establish legitimacy over the child, he must be wed to the mother, have the child registered as his child, or file a petition in court pertaining to that issue. Court action is needed for determining the legality of the claim. It should be noted that the marriage between the mother and the biological father of the child will not make the child legitimate. Only legal marriage recognised by Thai law or any foreign country shall be valid in making the child legitimate.
Child Custody
When a child is born after a divorce in Thailand has been issued (See also: grounds for divorce in Thailand), but still within the 310 days from the termination of the marriage, the child is still considered as legitimate. The former husband would still be deemed as the father of the child under Thai law.
If the man is in doubt of being the father of the child who is born out of his wife or former wife. He may renounce the legitimacy of the child. Denying of legitimacy is also a loophole for men who are required to pay child support in Thailand. The assumed father can request the Thai court to conduct DNA testing, which will be administered by the Thai authorities at the person’s expense. He may also provide evidence regarding the absurdity of living together with the mother of the child. This within the last 310 days prior to the child’s birth.
Before the father can prove the non-paternity over the child, the child would still be deemed as his. Only the court can rule out regarding the denial of paternity. Consult a lawyer in Thailand if you encounter this kind of issue.