How To Gain Parental Rights If The Mother Is Deceased.

[hedonist44]

I have searched and have not found a similar topic, so if this is a duplicate I apologize.

My situation is this, I was married only with the monks coming to house and doing the ceremony. This was 13 years ago when the law stated that any Thai (female) marring a foreigner could not own land. This law has of course been changed, but that was why my wife did not want to get married full out and take my last name back then and I left it at that. Looking back it was a mistake not to have gotten legally married after the law was changed, but that's a moot point now.

My Thai wife was taken from us 4 years ago in an accident in Chiang Mai where we lived, (still do) and I have been raising my son alone since that time. I live and work full time in Thailand, my name is on my son's birth certificate in both English and Thai, he's got an American Passport (I'm American) as well as a Thai passport.

My question is this, will I have to do the DNA, and court thing to get full parental rights, or will I need the Mother of my deceased wife to file paper work for this, or a combination of both?

I also have my wife's death certificate if this helps with anything.

I have to say that I feel a bit embarrassed by having not known all this sooner, but I had just (mistakenly) assumed that since I was listed on the birth certificate along with the fact that he's got an American passport, that I was his legal father with no question. That is until I came across this topic on TV and began to realize how naive I've been.

Thanks for any information any of you may be able to share.

Any guidance on this would be greatly appreciated, Thanks!

[Mario2008]

You have legitimized the child under US law, but not under Thai law.

In your case it seems you (or your son) have to go to court, as the rules don't provide for the case in which the mother is dead. She now cannot give her consent to you becomming the legal father, so only the court can make you the legal father.

I suspect it won't be hard to be recognized as the fahter, the birth certificate and statements of the child and his grandmother might do it wthout the need for DNA testing. It should be an easy case, but can take a few months. You will need a lawyer, but do shop around a little to compare prizes. I don't think it will cost more than 10,000 baht, but it mainly depends on your lawyer's fee. That is why you need to shop a round a bit. You need a competent lawyer, but certainly no hotshot. It is a straight forward case.

[hedonist44]

You have legitimized the child under US law, but not under Thai law.

In your case it seems you (or your son) have to go to court, as the rules don't provide for the case in which the mother is dead. She now cannot give her consent to you becomming the legal father, so only the court can make you the legal father.

I suspect it won't be hard to be recognized as the fahter, the birth certificate and statements of the child and his grandmother might do it wthout the need for DNA testing. It should be an easy case, but can take a few months. You will need a lawyer, but do shop around a little to compare prizes. I don't think it will cost more than 10,000 baht, but it mainly depends on your lawyer's fee. That is why you need to shop a round a bit. You need a competent lawyer, but certainly no hotshot. It is a straight forward case.

Thank you very much for your prompt informative reply. Would you know if I can do this with a local lawyer in Chiang Mai, or will I have to have all this done in Chonburi, as he was born at the Bangkok Pattaya hospital?

[Mario2008]

I suspect you have to do it at the court for the region where the child is registered on the hosehold registration.

[MikeyIdea]

Mario2008, I think it can be easier than that

I had a relative who died many years ago, father was not legitimized when the mother died, nor did he have any spare money. I cannot remember any details but it did not cost him even a thousand bath to become legal father and sole custodian, no lawyer for sure

I would recommend the OP to go down to the Juvenile court section where the child is registered according to tabien baan, bring the childs birth certificate in original, the death certifcate in original, your passport in original and tabien baan (in original I suppose) and copies of it all. Have the main page of your passport translated to Thai (matching the spelling on your sons BC). Your sons passports shouldn't matter I would think but bring them and copies too just as well.

I think the grand mothers status is nothing... but if she's a friend, then why not bring her, if you think that she possible could play tricks, then do NOT bring her. You have the right to think that this is none of her business -> court will summon her if they think differently but I bet they won't

Just have all the documentation needed ready and go down and talk to them, they're normally nice and friendly. Good idea to bring your son. Be there at 8AM to get best help!

I don't think that there is a court rule that issues like this one must be handled by a lawyer, it's up to if juvenile court will want the extra effort of filling in the documents

Give it a go, with a smile, and update us of the outcome please

[hedonist44]

Mario2008, I think it can be easier than that

I had a relative who died many years ago, father was not legitimized when the mother died, nor did he have any spare money. I cannot remember any details but it did not cost him even a thousand bath to become legal father and sole custodian, no lawyer for sure

I would recommend the OP to go down to the Juvenile court section where the child is registered according to tabien baan, bring the childs birth certificate in original, the death certifcate in original, your passport in original and tabien baan (in original I suppose) and copies of it all. Have the main page of your passport translated to Thai (matching the spelling on your sons BC). Your sons passports shouldn't matter I would think but bring them and copies too just as well.

I think the grand mothers status is nothing... but if she's a friend, then why not bring her, if you think that she possible could play tricks, then do NOT bring her. You have the right to think that this is none of her business -> court will summon her if they think differently but I bet they won't

Just have all the documentation needed ready and go down and talk to them, they're normally nice and friendly. Good idea to bring your son. Be there at 8AM to get best help!

I don't think that there is a court rule that issues like this one must be handled by a lawyer, it's up to if juvenile court will want the extra effort of filling in the documents

Give it a go, with a smile, and update us of the outcome please

Thanks Mario2008 and MikeyIdea, I will have a go at it all when my son has his next school break and will post back here the results. Thanks again for taking the time to reply:) It was of great help and very much appreciated.

[Boo]

I believe if your son is over 7 years old the court will take his statement & it will have a big impact on the speed of the legitimisation. Good luck & sorry for your loss.

[hedonist44]

I believe if your son is over 7 years old the court will take his statement & it will have a big impact on the speed of the legitimisation. Good luck & sorry for your loss.

Thanks very much Boo. I hope your correct and it all goes fairly smooth for the both of us. Thanks again and take care!