Tag Archives: child

Thailand’s Child Abduction Law

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Although Thailand has been a long-standing signatory to the Hague Convention on Civil Aspects of International Child Abduction, no domestic law in Thailand existed until 2012 to afford for the direct enforcement of rights pursuant to the Convention.  Cases of international child abduction in Thailand were still resolved by the Thailand judiciary.  However, such cases were considered under other applicable laws such as the Thailand Family Code.

In 2012, with the enactment of the Thailand Abduction Act, aggrieved parents and relevant government officials now have a more direct method to resolve international child abduction cases in Thailand.

The Thailand Child Abduction Act sets out the legal rights and procedures for enforcing the rights for an aggrieved parent or a government official to apply for the return of the child abducted in Thailand to the habitual residence of the child in a foreign country.

Parents living in Thailand therefore now have the option of proceedings with breach of custody cases under both the Thailand Family Code and the 2012 Abduction Act.

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Thailand Paternity Law and Foreign Fathers

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A common misunderstanding is that a father’s name on a birth certificate is sufficient to establish paternal rights in Thailand, but this is incorrect. In Thailand, although a man may be the biological father of the child in question and established a relationship with his child, but without having met the necessary legal requirements, may lack the legal rights to his child.

In Thailand,fathers rights are created either by marriage to the mother or through court action.

Foreign parents in Thailand will usually seek to establish the citizenship of their Thai born children through their embassy in Thailand. Although establishing paternity (or maternity) is normally a fundamental issue with regard to citizenship, establishing paternity under Thai law is not necessarily needed to gain legal paternity under foreign law.

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Thailand Parental Rights