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Legitimacy issues for children

The most common questions about legitimizing children in Thailand. If you have additional questions, contact us for more information. Before you sign or begin any legal process, talk to a lawyer if you, your Thai wife, or your Thai friend's children are involved.

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Child Legitimization Questions in Thailand

What are the differences between a legitimate and an illegitimate child?

  1. The illegitimate father has no right to sue on behalf of the minor, that is, to act as the legal representative.
  2. The unlawful father loses custody of the child, the right to determine the place of residence of the child, the place of study, and perform other paternal functions.
  3. The child loses the right to claim child support if not considered the father's legitimate child.
  4. The child loses the right to use the father's last name since A child entitled to bear his father's surname must be a legitimate child.
  5. The non-legitimate father has no right to interfere or take any action with the minor's property, including seeking permission from the court to take legal actions on behalf of the minor.
  6. Limits rights to receive various kinds of payments and tax deductions.

Can I legitimize my child if I never cared for them?

Yes, if the mother and child consent to legitimization or there is sufficient proof in court that you are the child's father. Whether or not you care for your child, the issue has custodial rights after legitimate registration.

What do I do if my child is too young to consent?

There are three options for legitimizing your child who needs to provide their signature in front of a district official. First, you can wait until your child is old enough to write their name. Second, registering the marriage between you and your child's mother allows your child to become your legal child without obtaining their signature. Third, you can petition the court to legitimize your child.

What can I do if my child has court-ordered custody?

You can petition the court for an order terminating such custody and giving you full custody of your child.

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Update: 15-02-2023
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