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Posted

I received some interesting information recently regarding the legitimization process that a Father is to go through.

"Thai Law gives a kind or presumption to you. If you make a request of paternity to the Court, we presume it is true. If the other party doesn't agree or refuse without reasonable ground or obstruct the concerned person, the Court should grant you the paternity"

Is information true ? can somebody one put light on this?

Thankyou

Posted

Firstly, where did you get the information from and who gave it to you?

The presumption is twisted and also by reading some of the topics posted here regarding the legitimization process, I doubt it is true.

Posted

As per title, nowadays there is DNA proof when in doubt.

If a court finds someone is the fahter, he will be recognized as such. But that is notthe same as also getting parental rights together with the mother. A court can make a separate decision on that point.

Posted

Hi I think I should add a little more -

"According to what we found, one party must file the complaint to ask the legitimacy to the courtThe party who wants to request DNA test must ask the court to grant the order All party must agree to DNA. If one party doesn't agree, the court can not force to do a test.

However it seems that Thai Law gives a kind or presumption to you. If you make a request of paternity to the Court, we presume it is true. If the other party doesn't agree or refuse without reasonable ground or obstruct the concerned person, the Court should grant you the paternity."

This info has come from Issan Lawyers.

http://www.isaanlawyers.com (sorry to Issan Lawyers) just super important in my world to validate all information.

I am quite clear on difference between recognised as the father as apposed to parental rights. I am at this stage taking one step at a time.

Posted

My take is it seems a Thai judge will not force a DNA test. But if you can proof that you were a couple the court will grant your pettition to be recognized. Especially if the mother refuses a DNA test, the court will take your evidence and leave it upon the mother to proof that you are not (which she can do by DNa testing).

So collect proof of that you have live together with her, prior to the childs birth and you should be OK. She can prolonge the case by not showing up, but in the end you will get a court decision.

Next step will be the granted acces to the child, that shouldn't be too diffiucult too. it will be up to her to proof that you are unfit to see the child. (drugs, alcohol, violence). But otherwise you will get shared custody.

Also for this one gathers evidence against the mother and things that put you in a good spot light, like having an interest in the child, paying child support, having a steady job, etc.

Posted (edited)

""According to what we found, one party must file the complaint to ask the legitimacy to the court The party who wants to request DNA test must ask the court to grant the order"

The high-lighted sentence is a bit confusing. It means that DNA tests that the father can take at private hospitals or come from abroad are (generally) not valid. The DNA test must be made at a government hospital and e.g. Chulalongkorn, police hospital refuse without court order. Price is 5,000 bath per person at the police hospital by the way - they will refuse without evidence of shared custody

Edited by MikeyIdea

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