How to Legitimize a Child Without Registering a Marriage?

In modern society, many couples choose to live together without registering their marriage for various reasons, including personal beliefs, convenience, or lifestyle choices. However, if they have a child together, both parents usually want their child to have full legal rights.

Under Thai law, a child born to a legally married couple is automatically recognized as the legitimate child of both parents. However, if the parents are not legally married, additional steps must be taken to ensure that the child is legally recognized as the father’s legitimate child.

This article explains the ways to legitimize a child born out of wedlock, along with the legal rights and obligations that come with it.

What Does It Mean to Be a Legitimate Child?

According to Section 1546 of the Thai Civil and Commercial Code:

“A child born to a woman who is not married to the child’s father is deemed to be the legitimate child of the mother only.”

This means that if the parents are not legally married, the child is automatically recognized as the mother’s legitimate child but not the father’s.

Without proper legal recognition, the child has no legal rights concerning the father, such as inheritance rights or the right to receive financial support.

Ways to Legitimize a Child Without Marriage

If the parents are not legally married but want the child to be recognized as the father’s legitimate child, there are three ways to do so:

1. Registration of Paternity (Sections 1547-1555)

The most common and straightforward way to legitimize a child is for the father to register paternity at the district office or local administrative office. The process includes:

• The father must provide proof of paternity, such as the child’s birth certificate.
• The mother and the child (if aged 7 or older) must consent to the registration.
• The registration can be completed at the district office or local administrative office.

Once registered, the child will have the same legal status and rights as a child born to married parents.

2. Filing a Lawsuit to Establish Paternity (Section 1556)

If the mother does not consent to the father registering paternity, the father can file a lawsuit in court to establish paternity. The father must provide evidence such as:

• DNA test results
• Proof of a father-child relationship, such as photos, messages, or witness testimonies

If the court determines that sufficient evidence exists, it will issue an order recognizing the child as the father’s legitimate child.

3. Marriage and Retroactive Legitimization (Section 1548)

If the parents later decide to marry and register their marriage, the child will automatically become the father’s legitimate child.

This is the easiest method but is not an option for couples who do not wish to marry.

Legal Rights of a Legitimate Child

Once a child is recognized as the legitimate child of the father, they are entitled to several legal rights, including:

1.Inheritance Rights – The child can inherit from the father.

2.Right to Financial Support – The father is legally obligated to provide financial support.

3.Right to Use the Father’s Surname – The child can take the father’s last name.4.      Access to Benefits from the Father – The child may be eligible for social security and other employment-related benefits.

Important Considerations When Registering Paternity

• Once the father registers paternity, he is legally responsible for the child – including financial support and parental duties.
• The father may gain parental rights – which could lead to custody disputes if the parents separate.
• If the father refuses to recognize the child, the child has the right to file a lawsuit – to establish paternity and claim legal rights.

Key Court Rulings on Paternity Recognition

Supreme Court Judgment No. 11631/2556
The court ruled that a child is the legitimate child of the father even though the parents were not married, as DNA evidence and the father’s involvement in the child’s life were sufficient proof.

Supreme Court Judgment No. 5738/2560
A father petitioned to recognize his child legally, but the court denied the request due to insufficient evidence and opposition from the mother.

Consult on Child Legitimization with Wongsakorn Law Office

If parents are not legally married but want their child to have full legal rights, they can register paternity, file a lawsuit for paternity recognition, or marry later to automatically legitimize the child.

Recognizing paternity is crucial as it ensures the child’s legal rights, such as inheritance and financial support from the father. If marriage is not an option, parents should follow the legal procedures to avoid future complications.

For legal assistance regarding paternity registration or any related legal matters, consult Wongsakorn Law Office (翁萨功律师事务所) for expert legal advice and representation.