FAQs Relating to Child Custody and Child Legitimation

Child custody and child legitimation are important family law issues in Thailand, particularly for unmarried parents, separated couples, and families with cross-border considerations. Thai law sets clear rules on who has parental power, how custody is determined, and how a child can be legally recognized by a parent.

This FAQ provides a practical overview of child custody and child legitimation in Thailand, including parental rights, court procedures, and how recent legal developments apply to modern families. In all cases, Thai courts place primary importance on the best interests of the child.

WHICH PARENT WILL HOLD PRIMARY CHILD CUSTODY AFTER A DIVORCE?

In Thailand, child custody decisions can be made by either the parents or the courts. If the parents are able to negotiate or agree without the court's intervention, they will have more power over current and future choices on behalf of the child. Both parents can discuss about the child's living circumstances, visiting rights, daily financial responsibilities, educational goals, and other essential needs.

Can I obtain child custody in Thailand through uncontested divorce or mutual agreement?

Couples going through an uncontested divorce in Thailand can enter into an agreement specifying how they will share custody. For unmarried couples, the mother has sole custody of the child unless the father certifies the child as legitimate. This procedure for legitimizing the child is required before a father may enter into a custody arrangement with the mother.

I am not married to my child’s mother, but my name appears on the child’s birth certificate as the father. Does this mean I have equal legal rights as the mother?

No. Even if your name appears on the birth certificate as the biological father, you are not automatically recognized as the legal father under Thai law.

In Thailand, a child born out of wedlock is considered the legitimate child of the birth mother only. The biological father does not have parental power, custody rights, or decision-making authority unless the child is legally legitimated.

What options do I have to legitimize my child in Thailand?

Under the Thai Civil and Commercial Code (Sections 1547–1555), a child born out of wedlock may be legitimated by the father in any of the following ways:

Subsequent marriage between the father and the child’s mother, in which case the child becomes legitimate by operation of law.

Registration of legitimation at the local District Office (Amphur), upon application by the father, provided that the mother and the child (if of legal age) give their consent.

A court judgment granting legitimation, where the father applies to the court and the court finds that legitimation is in the best interests of the child.

What are the grounds for legitimizing my child if marriage is not an option?

If marriage to the child’s mother is not a preference, the father may apply to the court for legitimation. Under the Thai Civil and Commercial Code, particularly Section 1555, a court may grant legitimation only where one or more of the following grounds can be established:

The mother was raped, abducted, or illegally confined during the period when conception could have taken place.
The mother was eloped with or seduced by the father during the period when conception could have taken place.
There is a written document issued by the father acknowledging the child as his own.
The birth register records the child as the son or daughter of the man who notified the birth or who consented to such notification.
The father had sexual intercourse with the mother during the possible period of conception, and there are reasonable grounds to believe that the child is not the child of another man.
There has been continuous common repute that the child is regarded and treated as the legitimate child of the father.

The court will consider the evidence presented and determine whether legitimation is appropriate, taking into account the best interests of the child.

How is a common repute of being a legitimate child established?

A continuous common repute of being a legitimate child is established through facts showing that the father has openly and consistently treated the child as his own, and that the child is socially recognized as belonging to the father’s family.

This may be proven by evidence such as:

the father providing for the child’s education, living expenses, or maintenance;
the child using the father’s family name, either formally or in daily life;
the child being introduced, accepted, or known within the father’s family as his child;
the father publicly acknowledging the child as his own; or
other conduct demonstrating a continuous and genuine parent-child relationship.

Thai courts assess these facts as a whole and will consider whether the relationship was open, consistent, and widely recognized, rather than occasional or secret, and whether legitimation is in the best interests of the child.

Is legitimation registration revocable?

Once you register the legitimation, you cannot revoke it. However, any interested person may, within 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 on the legitimation registration is not the father of the child; in any case, you may only take 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 whole, even if he is the real father of the child.

Does a new spouse have parental rights over the spouse’s child from a previous marriage?

Marriage does not grant the spouse any rights over the children of their new Husband or Wife. The previous partner exercises the parental power over such child.

What are the rights of a person with Parental Power?

A person exercising parental power has the following rights and duties under Thai law:

to determine the child’s place of residence, taking into account the child’s welfare;
to discipline the child in a reasonable manner, provided that such discipline does not involve cruelty or cause physical or psychological harm;
to require the child to undertake appropriate work, having regard to the child’s age, ability, and condition in life; and
to demand the return of the child from any person who unlawfully detains or withholds the child.

In exercising parental power, the parent must act in the best interests of the child, and the court may limit or revoke parental power where it is exercised improperly.

Need Legal Advice on Child Custody or Legitimation in Thailand?

Child custody and legitimation matters can have long-term legal and personal consequences, particularly where parents are unmarried, separated, or of different nationalities. If you require advice on parental rights, court procedures, or how to legitimate a child under Thai law, it is strongly recommended to seek professional legal guidance.

Our family law team assists both Thai and foreign clients with child custody, legitimation, and related family law matters in Thailand. Contact us to arrange a consultation and discuss your situation in confidence.

Legal Disclaimer: This information is for general informational purposes only and does not constitute legal advice. Thai family law may vary depending on your situation. Please consult a qualified lawyer for advice specific to your case.

This FAQ has been updated, reviewed and verified on January 2026 by:

Supat Samunram (Barrister)

Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Legal Counselor, Central Juvenile and Family Court
Specializing in Contracts, Property, Corporate, and Family Matters