Legitimization Lawsuit

Child Legitimization
Even at the onset of civilization, it has been a common knowledge that there are children having been born out of wedlock. In most cases, especially at this present society, children who were born illegitimate have to bear the burden of having unequal rights as compared to the legitimate children of their parents. The law has recognized this social issue. Thus, as for equity, children who can be legitimized in any of the circumstance provided by law, it shall be so for the best interests of the child.

The provisions of the Family Code in Thailand has widely acknowledge child legitimization.  In order to legitimize a child, the following modes are observed:

  1. Through express consent of the child and the mother; and
  2. Upon judgement of the court from the petition filed by the father.
Legitimization by Express Consent of the Child and the Mother
Section 1548 of the Civil and Commercial Code provides that the registration of legitimating a child shall be made by the father when the child and the mother expressly gives consent to the applicant father.

Procedural Requirements

Both the child and the mother shall appear before the Registrar to manifest their consent to the application for legitimization filed by the applicant father.  In case of non-appearance by the child and the mother before the Registrar to expressly provide their consent, the Registrar shall notify the father’s application to the child and the mother.  If after sixty (60) days or one hundred and eighty (180) days in case the child and the mother are living abroad, no objection or notification has been made by the child and the mother to the Registrar,  it is presumed that consent is not given.  In this case, application for legitimization of child shall be petitioned before the Court.

Legitimization upon Judgment from the Court

As discussed above, if consent cannot be obtained, then, a petition for legitimization of the child shall filed in appropriate court.  Upon opposition of the child and the mother on the application of the father with the Registrar on the ground that the applicant is not suitable for parental authority, partly or wholly, over the child, it is only upon the appropriate determination from the Court whether or not the applicant father be granted such parental authority.

Moreover, Section 1555 of the Civil and Commercial Code provides that in an action for legitimization shall be presumed on the cases as follows:

  1. Through express consent of the child and the mother; and
  2. Upon judgement of the court from the petition filed by the father.

These instances can be grounds of the applicant father to seek before the Court a judgment legitimating the child when consent of the child and the mother was not expressly given before the Registrar.

Legitimization Registration

Once you register the legitimization, it cannot be revoked.  However, any interested person may, within three (3) months from the notification date of such registration, apply to the Court for cancellation of the registration.  This is on the ground that the person who insisted the legitimization registration is not the father of the child, in any case, you may only enter such action after ten years from the date of registration.

If the applicant has brought an action to the Court for an order effecting him as the child’s father, the child or the mother may apply to the court in the same case for an order effecting that the applicant is not a suitable person for exercising the parental power in part or in whole, even if he is the real father of the child.

Should you decide an action to legitimize your child, as in the cases mentioned above, speak to us and we will provide appropriate advice on our approach of the legitimization process.