The following is an edited letter from Khun Wichai Pannoi of Bangkok. He is a well-known and prominent senior lawyer with 25 years of experience and graduated number one in his law class. He has experience in criminal law, company formations, visas, and other general law practices. His current specialty is family law including divorce and child custody. He also is a detective/ private investigator. He has many connections with the Police, Military, Government, the Legal Society and Business Associates both in Thailand and worldwide.
If you have a child, born from a Thai lady and are not married, it is very important to read and understand the following letter.
15-Apr-04
Being a Lawyer and litigator for more than 26 years and currently specializing in divorce and child custody for some 15 years, I have often come across a lot of foreign men who, at first look, are surprised and even skeptical, when told that they are not the legalized or legitimate fathers of their children, if they are not legally married to the mother of the children.
Some men even cry and most protest that how could that be that they are not the father, when the kid uses their surname and it is stated so in the birth certificate and the domicile house papers. How is it possible that they are not the Dad of the poor little ones? On top of that, everyone in the neighborhood knows that this child is his child. Some men arrogantly show the kid’s passport issued by their respective embassy.
After some talk or discussion on the matter, some of them may cry even more and act or react in many different ways. Men who can afford the lawyer fee and can wait a few months will commit themselves to go to court if they do not want to or cannot marry the mother, for whatever reason of their own. A few men will resort to the “registration of legitimacy” of the fatherhood with the consent of the respective mother and also of the child or children, if the child or children are seven years old or older.
Besides involving myself as a lawyer for each of my respective clients, I have been asked to be a guest speaker at the two Pattaya Expat’s Club. I have spoke on four different occasions on various subjects of the Laws of Thailand. Each time I received a lot of questions about the same subject, i.e. “Am I the legitimate father of my kid or not?”
In order for a biological father to really become a legitimate dad of his lovely and lovable son or daughter, there are three ways to go, as quoted by Thailand’s Civil and Commercial Code of Thailand, Section 1547. “A child born of the parents who are not married to each other can become the legitimate parents by 1. The subsequent marriage of the parents or
2. By registration made on application by the father and the child or children or 3. By a judgement of the court.”
So now it should be very clear to all of you who happen to read this letter. If you have questions about how to go about it, except in the case that you want to and can marry the mother, you will need a specializing lawyer, such as me, to go to court.
In the past a person could have registered as the father of a child with the consent of any women. Now for the past ten to twelve years or so, because of some women were giving consent to register any child to any man, whether the biological or not the biological father of the child, the laws have been changed.
So, Thailand has changed the procedures a bit. We have had new laws that require you to wait until the child is seven years old, which by our compulsory education laws, the kid is supposed to enroll into school and he or she is old enough to testify that the claimed father is the real one or not. Some registrars might accept children at 5 or 6 years old but you will have to know him well or you will need my connections.
In order for you to get a “judgement” by the Court, kindly come to me for further assistance.
Sincerely Yours,
Mr. Wichai Pannoi
The Family Specialist Lawyer
Cell Phone No. 01-914-0516
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