I have a legal question for you. A friend of mine got his Thai girlfriend pregnant. The girl is 30 years old and he is about my age, over 40.

They are not married and he is also from the USA living here with a Non immigrant "O" visa. They lived together only a month when she got pregnant and moved out on her own after 5 months being pregnant with his child. My friend does have some Thai investments in land here in Samui that his x girlfriend knows about too.

She should be having the baby in the next 3 months or so. She has now retuned to her village up near Pattaya where she is from. Her home now is at her fathers house and his wife(her mom) has already died. She has a youngetr sister who just gave birth linving in the same house too.

Question:

What does the Thai law say about the legal responsibility the American man has toward the child and financial support for its welfare if any in Thailand?

He says he was tricked into making the baby and is now worried that the Thai woman may try and force him to pay her monthly child support payments.

What does Thai law say specifically on this topic?

What does the Thai law say about the legal responsibility the American man has toward the child and financial support for its welfare if any in Thailand?

We'll put aside the moral obligation shall we.

Ok lets put it aside for now and just get the legal obligation known first.

He was tricked? What, he thought that she was a katoey?

He spilled his seed, he should pay for the deed.

Live up to the responsibility and support his child when it enters the world. And next time wear a condom and have lady in question on birth control if you want to lower your risks.

If I were him I would offer a monthly figure for looking after the baby - odds are regardless of any laws in Thailand if the mother started pursuing this in the US with a no win no fee lawyer things could get very expensive for him. If he offers to make some kind of payment, say 10-15,000 baht month - could be enough to allow her to keep whats left of her face. This is purely a hyperthetical scenario as personally I believe the guy should willingly face up to his responsibility - who else is to blame?

wait for the baby, have two DNA tests done to make sure it is his child, and if yes, then pay

I don't know about legally. But if it was a Thai guy I think there would be little(or no) finacial responsbility if the father chose that path .

Morally, another story. I would be making sure he was the real father(DNA test) before he pays anything . Only say this from the OP's post.... 'she trapped him , and lives up near Pattaya' . Then ,working out access/shared custody before I gave her a cent ...if that's what he wants of course

Assuming the child is indeed his, he will be obligated to support the upbringing until the child reaches the age of 18, sometimes 20.

There was a bit of a famous case earlier this year when an aged politician was found to be the father of a child and ordered to pay child support.

Published on May 31, 2005

The Central Juvenile and Family Court yesterday ordered former minister Tawich Klinpratoom to register a two-year-old boy as his legitimate son and pay the boy’s mother Bt40,000 a month in child support.

The payments must continue until the boy, Tawee Pornsri, turns 20 years old.

The court reached the verdict after hearing from three prosecution witnesses: the boy’s mother, Petcharaporn Wilairat, 20, and Petcharaporn’s mother and aunt.

They turned to the court in a bid to force Tawich, 80, a former veteran politician and minister, to legally recognise Petcharaporn’s child as his son.

If they can make a rich and influential Thai politician pay, it's an easy guess the same can be said for a foreigner to do so likewise.

Your friend should be prepared to pay... and likely it will be substantial.

Assuming the child is indeed hers, he will be obligated to support the upbringing until the child reaches the age of 18, sometimes 20.

There was a bit of a famous case earlier this year when an aged politician was found to be the father of a child and ordered to pay child support.

Published on May 31, 2005

The Central Juvenile and Family Court yesterday ordered former minister Tawich Klinpratoom to register a two-year-old boy as his legitimate son and pay the boy’s mother Bt40,000 a month in child support.

The payments must continue until the boy, Tawee Pornsri, turns 20 years old.

The court reached the verdict after hearing from three prosecution witnesses: the boy’s mother, Petcharaporn Wilairat, 20, and Petcharaporn’s mother and aunt.

They turned to the court in a bid to force Tawich, 80, a former veteran politician and minister, to legally recognise Petcharaporn’s child as his son.

If they can make a rich and influential Thai politician pay, it's an easy guess the same can be said for a foreigner to do so likewise.

<{POST_SNAPBACK}>

Unless he legs it home....

That's an option, however it would certainly make her taking over all his Samui assets all that much easier in a Thai court.

My friend does have some Thai investments in land here in Samui that his x girlfriend knows about too.

Sriracha John referred to it in his last post and I was wondering about it, too: surely the land can’t be in the American’s name. So, in whose name is it registered?

no an relavant point I fear just want to know what the Thai law says is all thanks

no an relavant point I fear just want to know what the Thai law says is all thanks

<{POST_SNAPBACK}>

See my other post regarding child support in Uk. Thai Law says he should pay, if he has money

As Digger says he should make her an offer based on getting a DNA test and access to the child, if he wants this. By this he can check his money is being put to good use for the child, not spent on playing cards. Unless he is incredibly wealthy a Thai judge should consider 10,000 baht a month adequate.

With regard to owning land, it would be rare for a Judge to issue a Notice to sell the land regarding child maintenance, where they have never been married!

ok thanks for the help so far more posts, feedback and info is great too.

There is no question who the father is.

No one is making that point in this case.

So enough said on that subject.

Any more about what she could demand in a Thai or US court from him?

I would say it's far easier to pursue in Thai court system. As for the amount, that would be up to the judge to decide, but I can imagine if your friend has significant assets on Samui, it might be significantly higher than 10K/month. Being farang will likely go against him (judge thinking, "they're all filthy rich, right?").

His willingness to play a role in the child's life as a true father would probably have a strong bearing as well. If he is resentful and angered and protests every step of the process, the judge will likely not look favorably upon this when he renders a decision on the amount of child support. If the father shows true concern and expresses a desire to be a part of the child's life, then more favorable to him.

If he does skip out of town and she petitions the court for recovery of child support via control of his assets here, I would think a judge would easily give in to that request.