Child adoption in Thailand is a legally regulated process that ensures the welfare and best interests of the child. The adoption process is governed by the Child Adoption Act B.E. 2522 (1979) and overseen by the Department of Children and Youth (DCY) under the Ministry of Social Development and Human Security (MSDHS).
Thailand allows both domestic and international adoptions, but the process involves strict legal and procedural requirements to prevent child trafficking and ensure proper care and suitability of adoptive parents. Foreigners wishing to adopt a Thai child must comply with Thai adoption laws, home country regulations, and international treaties such as the Hague Adoption Convention (for countries that are signatories).
This guide provides an in-depth overview of child adoption in Thailand, covering eligibility, legal requirements, adoption procedures, and post-adoption obligations.
✔ Child Adoption Act B.E. 2522 (1979) – Primary law governing adoption procedures in Thailand.
✔ Civil and Commercial Code (CCC) – Regulates parental rights, guardianship, and legal recognition of adoptive parents.
✔ Child Protection Act B.E. 2546 (2003) – Ensures the welfare and safety of adopted children.
✔ Conflict of Laws Act B.E. 2481 (1938) – Governs international adoption cases.
✔ Hague Convention on Intercountry Adoption (for Hague Member Countries) – Protects children from trafficking and illegal adoption.
The Department of Children and Youth (DCY) under the Ministry of Social Development and Human Security (MSDHS) is responsible for processing and approving adoptions.
✔ Must be at least 25 years old.
✔ Must be at least 15 years older than the child.
✔ Must be financially and emotionally stable.
✔ Must undergo background checks and home studies.
Foreign adoptive parents must meet Thai adoption laws AND their home country’s adoption requirements. The adoption can be categorized into:
✔ Foreigners living in Thailand (with permanent residency or valid long-term visa).
✔ Foreigners adopting from outside Thailand (intercountry adoption).
Basic Requirements for Foreigners:
✔ Must be legally eligible to adopt under home country laws.
✔ Must be at least 25 years old and 15 years older than the child.
✔ Must be married (single applicants are rarely approved).
✔ Must be in good physical and mental health.
✔ Must have a clean criminal record.
Some countries have additional requirements for adoption under the Hague Convention on Intercountry Adoption.
✔ Adoptive parents are Thai citizens or permanent residents.
✔ The process is handled directly through DCY or licensed private agencies.
✔ Applies to foreigners wishing to adopt a Thai child.
✔ Handled by the DCY or accredited adoption agencies.
✔ Requires approval from both Thai and home country authorities.
Hague Convention Countries:
✔ Must follow Hague adoption procedures, including home studies, post-adoption reporting, and legal verification.
Non-Hague Convention Countries:
✔ Must comply with Thai adoption laws AND additional embassy/legal requirements.
✔ Applications must be filed with the Department of Children and Youth (DCY) or an authorized adoption agency.
✔ Foreign applicants must submit documents through their home country’s adoption authority (if applicable).
Required Documents:
✔ Passport/national ID of applicants.
✔ Marriage certificate (if applicable).
✔ Proof of income and financial stability.
✔ Health certificate.
✔ Criminal background check.
✔ Home study report (for foreign applicants).
✔ Child’s birth certificate and parental consent (if applicable).
✔ DCY conducts a home study to assess the adoptive family’s stability.
✔ Interviews with adoptive parents, family members, and referees.
✔ Background checks for criminal records, financial capacity, and living conditions.
For international adoptions, the home study is conducted by the adoption authority in the adoptive parent’s home country and sent to DCY for review.
✔ DCY matches children with suitable families based on compatibility, preferences, and child welfare needs.
✔ Adoptive parents may visit the child and provide financial/emotional bonding.
✔ Foreign adoptive parents may be required to foster the child in Thailand for 6 months before final approval.
✔ Adoption is legally recognized only after final approval from DCY.
✔ The adoption is registered with the District Office.
✔ Thai courts issue a final adoption decree, making the adoptive parents legally responsible for the child.
✔ DCY requires post-adoption reports for 1-3 years to ensure the child’s welfare.
✔ Reports include medical updates, school progress, and family integration assessments.
For international adoptions, home country authorities also require periodic reporting.
| Challenges | Solutions |
|---|---|
| Lengthy adoption process (1-3 years) | Prepare all required documents in advance. |
| Strict eligibility requirements for foreigners | Work with licensed adoption agencies. |
| Parental consent complications | Ensure legal parental rights are verified. |
| Home study and background checks take time | Provide complete and honest documentation. |
| Post-adoption monitoring is mandatory | Follow reporting guidelines to ensure compliance. |
✔ If adoptive parents are Thai nationals, the adopted child can receive Thai nationality.
✔ If foreign parents adopt a Thai child, the child retains Thai nationality until they apply for their new nationality.
✔ Citizenship for adopted children varies depending on the laws of the adoptive parent’s home country.
Thailand has strict laws to prevent child trafficking and illegal adoption.
🔴 Illegal adoption practices include:
✔ Adopting children without official DCY approval.
✔ Using fake documents to bypass adoption regulations.
✔ Paying illegal “adoption fees” to third parties.
🔴 Penalties for illegal adoption include:
✔ Imprisonment of up to 10 years for child trafficking.
✔ Heavy fines and revocation of adoption rights.
✔ Adopted children placed back into government care.
Child adoption in Thailand is a legally complex but well-regulated process designed to ensure the safety, welfare, and best interests of the child. Whether through domestic or international adoption, prospective parents must follow Thai laws, meet eligibility criteria, and comply with post-adoption monitoring requirements.
Foreigners seeking adoption must navigate both Thai and home country regulations, ensuring compliance with Hague Convention standards or bilateral adoption agreements. By working with licensed adoption agencies and legal professionals, adoptive parents can successfully complete the adoption process while protecting the rights of the child.
Divorce in Thailand involves a process of dividing assets and debts. Under Thai law, anything acquired during the marriage is considered marital property and must be divided equally between the spouses. Also, any debts incurred during the marriage are considered common debts.
David and Supaporn decided to pursue a divorce by mutual consent. This type of divorce can be completed at the local Amphoe office with no court involvement.
Divorce in Thailand is based on one of ten legally defined grounds. If both parties agree on the grounds for divorce they can file an uncontested divorce. Contested divorce proceedings require lawyers and may involve a series of court appearances.
Some of the grounds for divorce in Thailand are fairly broad and open to interpretation. For example, you can get a divorce on the grounds that your wife or husband has been diagnosed with an incurable illness such as hepatitis. However, you must seek medical advice to determine if your spouse has the disease before filing for divorce on this basis. The court will then review your evidence and testimony to decide whether to grant the divorce.
In Thailand, a divorce can be registered at a district office (Khet or Amphur) with both spouses present. In addition to a valid passport, each spouse should bring a translated and legalized copy of their marriage certificate. Some amphurs may require additional documents.
The process can be complicated, especially if there are disagreements over property division or child custody. A lawyer can help navigate this process and ensure that both parties’ interests are protected.
Couples who agree on all aspects of their divorce can file for an uncontested divorce at the amphur with little to no paperwork. However, a contested divorce requires legal proceedings where each party must present their arguments and evidence to the court.
In Thai law, all assets obtained during the marriage are considered common property and must be divided equally. However, personal property remains with the individual. During divorce proceedings, the court will also resolve issues regarding alimony and child support.
Having legal help can reduce problems and lessen the emotional toll of divorce in Thailand. A lawyer can assist a foreigner with preparation of the necessary documents to register a divorce in Thailand. It is recommended that a translator and certified interpreter be present for the registration process.
A counter-petition is an important tool that can change the course of divorce proceedings. It allows the responding spouse to voice their concerns and contest the terms presented in the initial petition. This allows the court to hear both sides of the story and arrive at a more balanced resolution.
A contested divorce can address issues like division of assets, child custody, and alimony. It is best to try to come to an agreement outside of court through mediation or a prenuptial agreement. If a divorce is contested, a Thai lawyer can help you navigate the process.
When a couple cannot reach an agreement regarding divorce issues, they may decide to withdraw their contested divorce case and file an uncontested one. This type of divorce is much quicker and cheaper. It only requires both spouses to appear at the amphur together with important documents such as ID cards and the marriage certificate.
Some couples also need to draft a divorce agreement, which determines issues like division of assets, child custody, and alimony. The agreement must be signed by both parties and supported with evidence to be valid. Couples should consult with a lawyer before drafting the divorce agreement. They must also consider whether the disputed grounds for divorce fall within the legal provisions of Section 1516.
If a spouse wishes to appeal the court’s decision, they may file a motion for reconsideration. This process can be complex and requires the assistance of a Thai divorce lawyer.
Generally, a contested divorce will take longer and cost more than an uncontested divorce. It will require multiple court hearings and may involve extensive legal posturing. It is advisable to hire an experienced Thai divorce lawyer to help navigate the complicated legal proceedings.
During the divorce process, you should understand property division laws in Thailand. Under Thai law, assets and property acquired during marriage are considered joint property unless clearly stated otherwise in a prenuptial agreement. Likewise, any child custody or spousal support issues should be resolved during the divorce process.
The contested divorce process can be complicated and time-consuming. A lawyer can help guide the couple through the process, and can ensure that all documents are accurate and complete. Detailed documentation is required, including documents, digital records, and testimonies to support each party’s claims. Witnesses may be called for cross-examination.
The court will evaluate the evidence and make a ruling on issues such as property division, spousal maintenance, child custody, and other issues arising from the marriage. A contested divorce may take months or even years to resolve. Depending on the complexity of the case, mediation is an option to minimize conflict and reduce costs. A prenuptial agreement can also reduce the need for a contested divorce.
Divorce in Thailand can be a complicated process, especially when both parties have a strong opinion on the division of assets and children. Having a lawyer who can help guide the process and prepare legal documents is important.
In contested divorce cases, the court will review detailed evidence before making a decision. This may include financial statements, property deeds, and testimonies from both spouses. The court also takes into account any issues raised by the petitioner.
Marital properties and debts are split equally when a couple divorces in Thailand. Personal property is what each person brought into the marriage, and any property that was incurred during the course of the marriage.
Marriage registration is the process of registering your marriage in Thailand. This requires an affirmation and MFA certification from a Thai Ministry of Foreign Affairs office.
Affidavits will also be required depending on your nationality. Getting married in Thailand is relatively quick once all the documentation has been obtained.
Getting married in Thailand has become increasingly popular for foreigners. However, many couples don’t realise that their marriage is not legally valid until it is registered at the local district office (known as an “Amphur” or a “Khet”). The process is fairly simple. Couples must submit a verification of identity and certified copies of their home country’s passport to the registrar.
In addition to these requirements, the couple must publicly declare that they are willing to take each other as husband and wife. Then, the registrar will register the marriage and issue a Marriage Certificate. This certificate is then legally recognised all over the world. Upon registration, the couple will receive a copy of their marriage registry which is called Kor Ror 2. You can also get your marriage certificate translated into English and authenticated at your country’s embassy for an additional fee.
It is important for couples to adhere to prescribed timelines and meet all required criteria. This ensures that the registration process is smooth and efficient, and avoids unnecessary delays and rejections. The legal significance of a marriage certificate cannot be overstated. It is the official acknowledgment of a lawful union under Thai law, and carries weight in a number of areas – from visa applications to inheritance claims. For this reason, it is vital for couples to seek expert guidance from a trusted lawyer.
When couples in Thailand get divorced, they should get a divorce certificate. It usually has the marriage details on it like when and where they got married as well as the names of both spouses and the date that they filed for the divorce. It also shows that the couple has agreed to sever their marriage and it is usually signed by both parties. Sometimes it might mention things like who holds the parental power or custody of children and access and maintenance. It also has the stamp of the amphur office.
Couples who have already registered their marriage in Thailand need not go to the embassy to register a divorce. They can do it in any district office as long as they have the documents they need and they are both present. The procedure is similar to getting a marriage certificate, except that both spouses must declare their intent for divorce. They will also have to state the reason for their separation.
It is a good idea for couples to consider creating a prenuptial agreement before they marry as this can help them decide how they will divide their assets should they divorce. They should also talk to a family lawyer so they can get the best advice for their situation. This will prevent any misunderstandings or confusion.
A marriage in Thailand is not effected until it is officially registered in the government's Marriage Registry and issued as a marriage certificate. Hence, foreigners marrying a Thai national are required to submit an affirmation letter as well as have their documents certified by the Ministry of Foreign Affairs (MFA). In addition, a prenuptial agreement may also be required depending on the spouse's assets and regulations in their own country.
The affidavit should be dated and signed by the consular official at your embassy, after which it needs to be translated into Thai language and authenticated at the MFA. The translation and authentication process normally takes two days. After that you can take the verified and authenticated documents to your local district office, called an amphur in Thailand to register your marriage.
While it is still not an easy process to get married in Thailand, the passing of the Equal Marriage Bill means more couples will be able to make their union legal. The MFA is urging people to seek help and guidance from their embassies if they need assistance in obtaining the necessary documents for marriage registration. They can also help with any other documents that may need to be legally authenticated, such as birth certificates. Documents such as these need to be notarized and authenticated before they can be used for international travel.
A marriage in Thailand is not considered legally valid until it is registered. This is a requirement of the Civil and Commercial Code (pramwlkdhngaephngaelaphaanichy). Therefore, couples wanting to marry in Thailand must obtain a clearance from their embassies first. Embassies will have different procedures for providing this and it’s best to ask about it before booking your appointment. This will then allow you to get an affidavit that is certified by your country’s government, translated into Thai and legalised by the Ministry of Foreign Affairs in Bangkok. Getting this done is often very easy for most countries but there are some exceptions where a more complicated process is required.
Once you have all of these documents it is time to go to your local district office called an or khet where you will be required to declare that you wish to take each other as husband and wife. The Registrar will then issue a Marriage Registration Certificate for you.
Tan says he and Oui are “super stoked” that Thailand has finally taken steps to recognize same-sex marriage, as it will be a big step towards equality for the community in their home country of Singapore, where the law remains unchanged. He hopes that more countries will follow suit in the future. “The world is changing so fast,” he says. “It’s only a matter of time before other countries in Southeast Asia catch up.”
Biological fathers who are not married to their children in Thailand can establish paternity through a legal process known as Child Legitimation. This entitles them to parental rights and allows the child to bear the father’s surname.
After child legitimisation, fathers in Thailand have equal rights and responsibilities as mothers (unless deprived by court judgment), including parental power and custody. They can also claim inheritance rights for their children.
Aside from reducing societal stigma associated with illegitimate children, legitimation also gives fathers significant inheritance rights and legal responsibilities. It legally obligates them to provide children with education, food, shelter and other necessary care. It also gives the child the right to use the father’s last name and may even help them obtain Thai citizenship.
This process can be pursued through marriage, court action or government registration of paternity. In any case, the father must have the mother and child’s consent to proceed with this option. The mother and child must appear before the registrar within 60 days of being notified to either consent or object. Otherwise, the application will be deemed to have been rejected.
Another method of establishing paternity is through the father’s voluntary acknowledgment before a district office. This requires the father to present a letter of consent signed by both parties before an official at the office. If the mother and child do not object within sixty days of being notified, the father will be legally recognized as the legitimate parent of the child.
This process can be very complicated and time consuming, especially if the mother does not agree to legitimation. If you are considering this option, it is important to consult with a family law attorney who is familiar with Thai family laws and court procedures.
Under Thai law, a child born out of wedlock is considered the legal offspring of the mother, even if the father’s name appears on the birth certificate. However, a father can claim his rights and duties as the child’s parent through legitimization. This process allows the father to be legally recognized as the child’s father, which gives him equal parental rights and custody. It also gives him the right to use the child’s surname and acquire citizenship for them.
There are two ways that parents can obtain legitimacy: voluntary or court-ordered. Voluntary legitimation requires the father and the mother to submit sufficient evidence that they were together when she was pregnant. This typically includes DNA test results, photographs of the father and the mother together, testimony that the father publicly stated that the child was his, and proof that he paid hospital bills or other expenses for the mother and the child.
For a court-ordered legitimation, the father must petition a local district office. The registrar must notify the mother and the child of his application, and they must express their consent within sixty days (or one hundred and eighty days if they are outside Thailand) after being notified. If they do not object, the registrar will register the father as the child’s legal parent. Regardless of the method used to legitimize a child, both parents must agree on custody arrangements before a court can enforce the agreement. A family lawyer can help ensure that the custody arrangement follows Thai family law.
Although Thai law stipulates that children are exclusively the offspring of their mothers, fathers can establish paternal ties through a legal process known as legitimation. This allows them to gain custody rights and claim inheritance rights, as well as allow their children to use their father’s surname, an important aspect of family identity in Thailand.
A father may voluntarily register legitimation in Thailand by acknowledging his relationship to the child before a registrar and obtaining consent from both the mother and the child. He must then submit proof of his financial capacity to support the child. If the mother and child do not object within 60 days of the registration or 180 days if they are abroad, they will be presumed to agree.
In cases where the mother and child do not consent to legitimation, a father can file for custody in court. This can be done in conjunction with a request for legitimation or on its own, depending on the circumstances. In either case, a lawyer can help the father to draft a custody agreement that is in accordance with Thai family law.
Custody issues are complex and should be handled by a professional family lawyer. They can provide advice, represent their clients in court, and assist them in negotiating settlements. They can also review any custody agreements to ensure that they comply with Thai law. They can also help to enforce custody orders, as well as pursue a case for the return of a child from any party who has unlawfully detained it (Clause 1563 CCCT).
Many western countries have laws that give fathers equal rights and responsibilities to their children but under Thai law it is only the mother who has legal rights (and obligations) to a child. In order for a father to establish parental ties and obtain legal rights in Thailand he must legitimize the child. This can be done by subsequent marriage, court action or government registration of paternity. Legitimization is important because it helps reduce societal stigma against unmarried fathers and provides a sense of belonging and security for both the child and the father. It also enables a father to legally establish his obligation to provide support to the child.
Regardless of the method chosen, it is a good idea to engage a lawyer with expertise in Thai family law for assistance. This will ensure that the legal complexities are understood and that all necessary documentation is provided. A lawyer can also guide the parents through the process and facilitate the issuance of official documents.
In summary, the legitimation process in Thailand confers significant benefits for both mothers and children. It is an essential legal process that ensures that children born out of wedlock enjoy the same legal privileges as children of married parents, including inheritance rights, custody and nationality. By understanding the legal framework, procedural steps and benefits of the process, it is possible to successfully navigate the legitimation process in Thailand.
Child support is a legal obligation of parents to provide financial support for their children. It can be settled by mutual agreement or a court order. It is important to consider your options when deciding on a child support arrangement.
When seeking assistance for a Thai child support Thailand issue, consult with a lawyer who is well-versed in family law. They can help you navigate the process and work towards a fair agreement.
Children need financial support to thrive, even in the midst of parental separation and divorce. This is a legal obligation of both parents, and can be settled by mutual agreement or through court order. Child support payments can help cover the cost of food, shelter, clothing, and medicines for the child. They can also be used to pay for extracurricular activities and educational expenses. Ideally, both parties should agree on a reasonable amount of child support, which should be adjusted periodically to reflect changes in both parents’ financial circumstances.
In Thailand, both married and unmarried parents have a legal responsibility to provide for their children’s basic needs. The court will determine a reasonable amount of child support by evaluating the child’s needs and the paying parent’s financial capacity. This formula is based on the average income of both parents and takes into account the number of children involved. The goal is to preserve the child’s standard of living, which would be comparable to what it would have been if the parents had remained together.
The court may also impose additional penalties, including income garnishment or property seizures, for non-compliance. It is advisable to seek the guidance of an experienced family lawyer to navigate the legal process. Detailed records of income, expenses, and other financial changes are important to support your case.
Child support, or alimony in Thailand, is an important part of divorce settlements. It is a legal and moral obligation of parents to support their children. A court will take many factors into consideration, including relative incomes, expenses, and assets, to determine a fair amount. It will also consider the child’s needs and standard of living.
The court will determine a fair amount of child support for both parents based on their respective financial capacity and the child’s needs. They will take into account the child’s standard of living, which can vary from country to country. Parents can also reach their own agreement about the amount of child support to be paid, but it must be enforceable under Thai law.
Unmarried biological fathers can ask for child maintenance in Thailand, but they will not be granted full parental rights unless they complete the process of legitimization in a district office. This process is usually simple and quick. It can also be used to establish paternity in other countries.
While child support is not a major issue in Thailand, it can be negotiated and agreed upon between the parties. If both parents agree, they can draft an agreement and register it with a district office as part of a consensual administrative divorce case. The court will then enforce the agreement. However, if one parent is not paying child support, they may face legal penalties.
Unmarried biological fathers in Thailand have a responsibility to support their children, even if they do not have custody. The court will take many factors into consideration when determining the amount of child support to be paid, including the relative incomes of both parents and the child’s financial needs. It is also important to note that the courts have considerable discretion in deciding child support.
If the mother and biological father do not agree on a support agreement, a court order will be issued. A noncustodial parent may request a modification of the child support order if there are significant changes in their financial circumstances or the child’s needs. However, the parents must first submit proof of a change in circumstances to the court.
The child’s needs are a primary concern in a Thai court case. However, the court also considers the financial status of each parent and their relative contributions. It is important to work with experienced legal professionals when dealing with a contested case.
Victory InterLaw specializes in contested child support cases and will ensure that your children receive the financial support they need. Our team of expert legal attorneys is dedicated to advocating for the best interests of your family. Contact us today to schedule a consultation. We can help you navigate the Thai legal system and secure fair and adequate financial support for your child.
Child support is a key aspect of family law, ensuring that children receive adequate financial support from both parents. It also helps them live a secure and stable life, regardless of their parents’ relationship status. Victory InterLaw specializes in guiding clients through the process of filing for and enforcing child support in Thailand. Our team of Thai family lawyers is dedicated to advocating for the best interests of our clients and ensuring that support arrangements are fair and sustainable.
Courts in Thailand consider a variety of factors when determining child support. These include relative incomes of the parents and the child’s needs, including education and medical care. They also consider the ability of each parent to afford a certain level of living and take into account any assets or property that either parent may have.
In cases where the parties can’t reach an agreement, courts typically encourage mediation to avoid conflict and reduce the length of the case. Then, a judge will decide the appropriate amount of child support. For illegitimate children, the father is not legally required to pay for financial support unless he files a legitimation case in court. In these cases, the court can address issues of legitimation, custody and child support in the same case. For a smoother, more effective process, it’s best to work with a lawyer who specializes in family law and understands the complex legal landscape of Thailand.
Child custody affects parental rights, and the court will determine which parent can make important choices for the child. They also take into consideration whether a parent can provide a safe and stable environment.
Sibling and extended family relationships are taken into account in Thailand, as they may be essential to a child’s well-being.
Child custody is a delicate issue in the aftermath of a divorce or separation. It is essential to understand the laws and legal procedures in Thailand as they apply to this sensitive matter. Obtaining professional legal guidance may be helpful in navigating the process.
In Thailand, there are two types of custody: physical and legal. Physical custody refers to where the child lives, while legal custody refers to the authority to make decisions regarding the child’s health, education, and welfare. A child’s best interests are always the guiding principle in custody cases. In addition to the child’s needs, the court considers the parents’ relationship with each other, their financial status and ability to provide a stable environment for the child, and any past incidents of abuse or neglect.
Custody arrangements may be established through mutual agreement or through a court ruling. It is important to prepare comprehensive documentation including financial records, character references, and evidence of a parent’s involvement in the child’s upbringing. The court will also look at the relationship between the child and each parent, as well as the child’s preference (if they are old enough to express it).
A father who wishes to acquire parental powers must legitimize his paternity through a process known as “legitimization.” He must provide proof of his relationship to the mother and demonstrate that he is capable of providing a nurturing environment for the child. He can then petition for joint or sole custody.
Under Thai law, both parents have parental authority (Patria potestas) during marriage and have equal rights in choosing the child’s place of residence, education, and medical treatment. However, the parents must act responsibly in accordance with the best interests of the child.
If the parents are unable to reach a mutual agreement on their custody arrangements, the court will intervene. The judge will determine custody based on different factors, including the child’s well-being and the fitness of each parent. The judge will also take into account the parents’ financial stability and ability to care for the child.
In cases where the parents are divorced or separated, they may agree on a mutual custody arrangement that is documented in a legal document. This arrangement must be approved by the court before it becomes legally binding. In addition, the court will usually order child support Thailand if needed. If a dispute arises about the parenting agreement, either party can request a modification by filing an application to the court. However, this process can be complicated and should be undertaken with the help of a knowledgeable attorney.
Child custody is a sensitive issue for many married couples. In Thailand, both parents have rights and responsibilities for their children. If a couple cannot agree on how to share their children, the family court will decide who will be given custody. This process may take time. In addition, the courts will consider many factors including each parent’s financial situation, health, and age.
The best interests of the child is the primary consideration for any decision regarding a child custody case. This is true for both foreigners and Thais. The family court will look at different factors that may affect the welfare of the child, such as each parent’s relationship with the child and whether one has a history of domestic violence.
Custody is the right to organize, manage and control a person who is under the age of 20 years old. This includes the right to give a child education, food, shelter, clothing and care, even after they have reached adulthood. Parents can also transfer their child custody to another party. However, it is illegal to take a child out of the country without the permission of the other parent or in violation of a custody agreement.
A father can obtain legal custody rights in Thailand if he establishes lawful paternity through a legitimization process. This is typically done through a marriage to the mother or by registering the child’s birth certificate at a local district office.
In Thailand, child custody laws are based on the best interests of the child. The court will evaluate the parents’ abilities to care for the child, as well as any history of substance abuse or criminal behavior. It will also consider the child’s relationship with siblings and extended family members, as retaining familial bonds is seen as beneficial for children.
In cases of unmarried couples, the mother is granted sole custody rights by default. However, the father can petition for custody if he legitimizes his paternity. He must file a case of legitimation along with the divorce petition, and the court will decide whether or not to grant him partial or full custody.
A parent’s religion will not be taken into account when deciding on custody arrangements, unless it can affect the child’s happiness or welfare. The court will also consider the child’s relationships with other relatives, such as grandparents.
If a parent cannot meet their custody responsibilities, the court can assign a guardian to take their place. A guardian is an adult who manages a minor’s assets and exercises parental powers. A guardian can be chosen to care for a child even if the parents have passed away.