Thailand has distinct laws on parentage.

Thailand has distinct laws on parentage. While the issue of maternity is easily determinable, the same is not true on paternity. There is a presumption of paternity in births within a valid marriage. There are likewise laws in case of births outside marriage and after divorce.

Countries have different laws as regards parentage. In Thailand, the birth mother is automatically registered as the legitimate parent of a child. This is without regard to her civil status. The fact of birth of the child to her alone is enough for her to be named the legitimate mother of the infant.

If the birth mother is married, the husband is presumed and named the legitimate father of the infant. This rule does not apply of the woman is unmarried to the biological father of the child.

If the mother is unmarried, there will be no presumption of legitimacy for a father by the courts. He cannot be named the legitimate father of the child, even if he signs his name as the natural father. The fact of the biological father signing at the birth certificate is only an act of acknowledgment of natural paternity. In Thailand, this is not equivalent to legitimation.

The legality of the marriage between the parents also affects the application of the legal presumption. The marriage between the birth parents must be one that is recognized by the Thai authorities. Only marriages formally registered in Thailand or in a foreign country shall be recognized as valid. Children born within these valid marriages are considered legitimate. The opposite is true for unregistered religious ceremonies and unrecognized foreign marriages.

Divorce in Thailand creates legal complications. If the mother gives birth within 310 days of a divorce, the courts will presume that the former husband is the legitimate father of the child. This is also true if the couples separate without a formal divorce. Therefore, should a separated wife become pregnant by another man, his husband will be legally responsible for another man’s child.

The man who believes he is not the natural father of a child may seek to repudiate the presumption of legitimacy. This remedy is also available to an unmarried man who is being asked by a woman for child support. The putative father may come to court and repudiate his paternity. To prove non-paternity, he may request the Thai courts to conduct a DNA test on him and the child. The test will be administered by the Thai authorities at the presumptive father’s expense. Alternately, the presumptive father may also prove that he did not cohabitate with the mother 310-180 days before the birth of the child. Either option is necessary before non-paternity is confirmed.

If a man seeks to repudiate a presumption of legitimacy by the Thai authorities, he must challenge this in court. If a man wishes to challenge the presumption of legitimacy in the Thai courts, he has two options. First, he may request a DNA test. The test will be administered by the Thai authorities at the presumptive father’s expense. However, the presumptive father may also prove that he did not cohabitate with the mother 310-180 days before the birth of the child. Either option is necessary to repudiate an assumption of paternity.

It is only the Court which can rule on the case of repudiation. Until there is a decision defining non-paternity, the presumption on paternity shall control.

ABOUT THE AUTHOR: Rebecca Ponce
Rebecca Ponce works as Legal Advisor at Siam Legal International. She is a licensed lawyer from the Philippines.

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