Thailand Paternity Law

In Thailand, paternity rights are generally established either by marriage to the mother or through court action. In this regard, a man may be the biological father of the child in question and have established a relationship with his child, but without having met the necessary legal requirements, may lack the legal rights to his child.

Paternity Law in Thailand

The rights and responsibilities of the father are stated in BOOK V: Family, Title II: Parent and Child of the Civil and Commercial Code of Thailand.  A child born to parents that are married is considered the legitimate child of the husband.  A child born out of wedlock is, in general, considered the legitimate child of the mother.  Accordingly, a biological mother’s legal rights are automatic but the father’s rights are not. A common misconception is that a father’s name on a birth certificate establishes paternal rights, but this claim is incorrect. Child support can be claimed between husband and wife, or parent and child, to be determined by a court.

Establishing Citizenship under Foreign Law

Foreign parents in Thailand often are required to establish the citizenship of their Thai born children through their embassy in Thailand. Although establishing paternity (or maternity) is normally a fundamental issue with regard to citizenship, establishing paternity under Thai law is not necessarily required to establish paternity under foreign law. Nations other than Thailand may, however, have different requirements.