Parentage

The legal status of being a parent, that is, recognition that someone is the child’s mother or father under Thai law, governed by section 1536 (the mother of a child born out of wedlock has parental power) and sections 1546–1560 deal with legitimation (father acknowledging or being declared by court as the father).

Who has the right and duty to raise the child

parentage is not parental power

Under Thai law, parentage refers to the legal recognition of the parent-child relationship, while parental power (อำนาจปกครอง) refers to the legal rights and duties to raise the child, make decisions on the child’s behalf and manage the child’s welfare and property.

A person may be legally recognized as the child’s parent without automatically exercising parental power, particularly in cases involving unmarried parents or custody disputes.

Parentage, Parental Power and Child Custody in Thailand

Under Thai law, the legal relationship between parents and a child involves both parentage and parental power (อำนาจปกครอง). Parentage determines who is legally recognized as the child’s father and mother, while parental power concerns the legal rights and duties relating to custody, care, residence, education, medical decisions and management of the child’s property.

Married Parents

When a child is born during a lawful marriage, both spouses are generally recognized as the legal parents and normally exercise parental power jointly.

If the parents later divorce or separate, parental power and child custody arrangements may be determined by agreement or by the Thai Family Court based on the best interests of the child.

Unmarried Parents

For children born outside marriage, Thai law generally recognizes only the mother as having legal parental power unless the father legally legitimates the child.

This often surprises foreign fathers because the father’s name appearing on the birth certificate does not automatically create joint parental power under Thai law.

How a Father Obtains Parental Power

An unmarried father may obtain legal parental rights and parental power by:

• marrying the mother after the child’s birth,
• registering legitimation of the child at the district office (Amphur),
• or obtaining a court judgment recognizing paternity and parental rights.

After legitimation, the parents may agree on parental power arrangements or the Family Court may determine custody and parental rights if disputes arise.

How Parental Power May Be Lost or Restricted

Thai courts may restrict, suspend or remove parental power in certain circumstances, for example where a parent:

• seriously neglects the child,
• abuses parental rights,
• endangers the child’s welfare,
• becomes legally incapacitated,
• or is otherwise considered unfit to exercise parental power.

The Family Court may appoint another parent, guardian or responsible person to exercise parental authority in the child’s best interests.

Child Custody and Child Support

Child custody and child support are separate legal issues under Thai law. A parent who does not exercise parental power or primary custody may still have financial obligations toward the child.

Thai courts may order child support based on the child’s needs, living circumstances and the financial ability of the parents.

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