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What is the process for legitimizing a child when not married in Thailand?

Child Legitimization Family Law Thailand Parental Rights Court Processes Expat Legal Issues

Aug 9, 2020

4 years ago

Alexandre ********

ORIGINAL POSTER

Hi,

I'm looking for info on legitimate a child when you are not married

I understand I need to have a court decision as my daughter is too young to give her consent, but I can't find where I should start the process, which service I should go

Anyone did this before and can share experience?

Does it necessary required a law firm? 

Thank you

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TLDR : Answer Summary

The process of legitimizing a child in Thailand when the parents are not married requires the involvement of the family court. If the child is under a certain age (e.g., 1 year old), the court can grant legal fatherhood, often requiring the mother's consent. It is advisable to consult a lawyer due to the complexities of legal documents in Thai and potential variations in local regulations. Many users recommend starting the process at the Central Juvenile and Family Court, with timelines typically extending up to six months for decisions.

Tod *********

You start at Central Juvenile and Family Court.

IF the childs thai mother is okay with you being granted legal parental rights (as in it's an uncontested filing) sometimes family court will just let you to file the correct papers.

Most of the time is spent waiting for the initial hearing, the interviews, the decision etc and the fastest I've seen it go thru is about 6 months (here in Bangkok)..

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Tod *********

Conversely if the child is old enough (6 - 8 y/o) depending on the Amphur you can just show up with the mother and child and get granted parental rights that way. It's totally up to the Amphur as far as how old they require the child to be. I've seen some up country Amphurs allow it with a child as young as 4 and I've seen other ones want the child to be 8..

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Alexandre ********

ORIGINAL POSTER

thanks for the info, I will get in touch with the Family court, my child is only 1 year old and no problem with the mother, but need to have a court decision then 🙏

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Alexandre ********

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Anthony ********

Hi have been there. It's a quiet difficult process. You really need a lawyer. Everything documents ect are all obviously in thai so you won't understand what they are doing. Does the lady agree it is your child? If so I think you just go and register your the father at the local amphur office. But I would still use a lawyer to be sure.

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Ian ********

How old is the child ?

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Ian ********

Good. And you listed as farther on birth certificate.

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Alexandre ********

ORIGINAL POSTER

yes

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Ian ********

Ok. As farther then you should have as many rights as mother. ?

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Ian ********

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Alexandre ********

ORIGINAL POSTER

15 month, she can't give her consent

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Ian ********

yep. So is a farther listed on birth certificate?

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Alexandre ********

ORIGINAL POSTER

yes, also have same family name

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Ian ********

Same family name as you ?

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Alexandre ********

ORIGINAL POSTER

yes

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Alexandre ********

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Risto **********

Bonjour Alexandre. If I understood right your kid was born when you were not married yet. In that case the family court can decide that you are leagally the father of the kid IF the time period between the birth of the kid and your marriage is not too long. What is the time period...I don't know. I am struggling with the same problem.

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Caty *****

@Risto *********

He isn’t married to the mother. And doesn’t need to be. They will likely do a DNA test if his name is not on the birth certificate.

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Caty *****

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Joel *********

Is that for a visa ?

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Corwin *********

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Corwin *********

I have a non O based on Thai children

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Caty *****

@Corwin ********

That is because your child is a student yes? The guardian visa? That is not just for being a parent. That is for a student and does not only apply to parents of thai children. That is for any adult with a child in school in thailand.

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Caty *****

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Corwin *********

you are wrong

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Alexandre ********

ORIGINAL POSTER

no, should it be?

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Caty *****

@Alexandre *******

There is no visa that allows foreign parents of Thai children to stay in Thailand.

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Alexandre ********

ORIGINAL POSTER

I'm not doing this for a visa...

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Joel *********

lol totally incorrect!

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Caty *****

Wonderful to see that you enjoy laughing at people that may have incorrect information. Well done. However please enlighten me about which visa is solely and specifically for foreign parents of Thai children?

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Joel *********

Caty Dio after your passives aggressive reply... please enlighten yourself .. Thanks 🙏

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Joel *********

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Steve *********

Do you mean "adopting" or becoming officially recognised as father? ("Legitimate" and "illegitimate" might be words that confuse people.

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Alexandre ********

ORIGINAL POSTER

@Steve ********

I mean officially recognised as father

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Riaz *******

@Alexandre *******

yes I have done that and I used a lawyer and got it done. Took 3 months or so but now I am the official father of the child

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Alexandre ********

ORIGINAL POSTER

thank you!

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Riaz *******

@Alexandre *******

based on those documents the child was officially allowed to use my last name and got a nz passport

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Riaz *******

The mother of the child helped me though and it’s quite a serious and detailed process as per thai law

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Riaz *******

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