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Author: Immigration Specialist

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Medical Malpractice in Thailand

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Medical Malpractice happens when healthcare professionals breach their profession’s standards of care. It can range from surgical errors to prescribing the wrong medications.

When negligence impacts a patient, there are a few legal steps that can be taken. Typically, it involves filing a civil lawsuit and going through the court process, which includes discovery, hearings, and a trial.

Patient Rights

Medical malpractice occurs when healthcare professionals fail to meet a standard of care and cause harm. This can include negligence, breach of duty, and lack of insurance coverage. A successful claim can result in compensation for damages incurred, including medical expenses and emotional distress.

A patient’s right to legal redress is vitally important when it comes to medical malpractice in Thailand. While the process can be complex, there are steps patients can take to protect their well-being and ensure that justice is served.

The first step is to seek medical attention from another hospital. In addition, patients should keep detailed records of all interactions with their doctors. They should also engage qualified legal representation to help them navigate the process of filing a medical malpractice claim. Legal counsel can assess the merits of a case, gather evidence, and represent clients in negotiations or court proceedings. Medical advocacy organizations may provide support and guidance to individuals seeking redress for medical malpractice.

Legal Representation

As Thailand continues to build a reputation as an international hub for medical tourism, more patients are traveling there for treatment. While the vast majority of patients walk away satisfied with their procedures and results, some are not. In those cases, they may seek legal redress.

Medical negligence claims are filed as civil lawsuits in Thailand. Typically, damages awarded are based on verifiable expenses and financial loss, including lost income. Intangible losses such as pain and suffering are less likely to be awarded than in some Western countries.

To ensure their claims have the highest likelihood of success, it’s important for patients to GATHER AND DOCUMENT all relevant information. This includes medical records, diagnostic reports and communications with healthcare professionals following a malpractice incident. Additionally, patients should consult with a lawyer specializing in medical malpractice to gain an understanding of the complex nature of Thai law. They can also help navigate the process to ensure they receive maximum compensation.

Statute of Limitations

In Thailand, as in most countries, malpractice by healthcare professionals may result in harm or death to patients. The country’s legal system addresses medical malpractice by way of civil and criminal law.

The Medical Profession Act sets the standard of care for healthcare practitioners and establishes penalties for violations, including license revocation. The Medical Council of Thailand is also responsible for overseeing the conduct of healthcare professionals and investigating complaints.

Under Thai law, a claim for compensation on account of a wrongful act prescribed under the Civil and Commercial Code must be brought within one year after the date when the injury and the obligation to make compensation became known to the injured person. However, if the wrongful act is covered by criminal law, which provides a different statute of limitations, the applicable time limit shall be that under the criminal law.

A reputable lawyer who specializes in medical malpractice cases can help you navigate the complex legal intricacies of pursuing redress against negligent healthcare providers. In addition, a lawyer with experience in medical negligence claims can provide expert witness testimony to support your case.

Complaints to the Medical Council of Thailand

With Thailand’s reputation for stunning beaches and delicious cuisine, many people may be surprised to learn that the country also has a robust healthcare system. However, as with all healthcare systems, medical malpractice does occur in Thailand.

When a patient experiences an injury due to malpractice, they have the right to file a complaint with the Medical Council of Thailand. This is a government body that keeps statistics and investigates complaints to determine whether the doctor acted within the accepted standards of practice.

When filing a claim for medical malpractice, it is important to have legal representation that can navigate the complex legal issues involved and collect evidence to prove your case. Financial compensation is awarded when a healthcare professional’s negligence leads to injury or death. These damages are often based on quantifiable losses, including lost wages, medical expenses, and ongoing pain and suffering. However, a court can also award unquantifiable damages in rare cases of severe medical negligence.

Dispute Resolution in Thailand

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Dispute Resolution in Thailand is a process driven by the courts. Court-annexed mediation, for example, is encouraged by the courts to reduce case backlogs.

Moreover, the law now provides for the consolidation of arbitrations which are correlated. This new procedure aims to enhance efficiency and prevent incongruity in judicial interpretations.

Arbitration

As Thailand continues to see a rapid increase in public and private investments, new companies and private real estate acquisitions, it is inevitable that disputes will arise. The judiciary has taken steps to ease the agglomeration of court dockets by encouraging the use of Alternative Dispute Resolution (ADR).

Arbitration is one form of ADR in which disputes are settled in a less adversarial manner than in a traditional trial. It is also more cost effective, faster and more convenient than a trial.

Most arbitration proceedings in Thailand are conducted through TAI, the main commercial arbitration institute in Thailand. TAI is a government agency overseen by the office of the judiciary, but does not interfere in the deliberations or decisions of arbitrators.

Aside from TAI, the Department of Labor sends labor disputes to a conciliator to try and settle the dispute before proceeding to a full court trial. Recent amendments to the Civil Procedure Code have made it easier for prospective litigants to apply for a court-supervised mediation before filing their statement of claim.

Conciliation

The conciliation process in Thailand is a more informal, nonadversarial method of dispute resolution. It is a court-supervised mediation process in civil matters where the court deems it appropriate or with the consent of the parties.

It is a faster and less hostile process than a traditional trial. However, it is not as binding as a final judgment. The court merely facilitates communications to help parties reach an agreed-upon resolution.

As an alternative to litigation, arbitration is commonly used in commercial disputes involving foreign companies in the banking, finance and technology industries. This is partly due to the fact that disputes relating to these industries require expertise in international commercial arbitration and knowledge of cross-border transactions. Aside from arbitration, conciliation is a suitable way to resolve disputes in these sectors as it involves discussion with the opposing party with the aim of finding mutually acceptable solutions. This method also saves time and money. It is a popular option for resolving smaller claims as it can be more cost effective than litigating such claims in court.

Mediation

The number of litigations has risen in recent times, resulting in the clogging of court dockets. To address this issue, the courts have begun to encourage parties to use alternatives to litigation such as mediation and conciliation.

The process of conciliation is similar to mediation but is less structured and involves the facilitation of communication between disputing parties in order to reach a mutually-acceptable settlement. It is also a non-binding procedure until and unless the parties agree to enter into a binding arbitration agreement.

The labour law in Thailand is complex, and disputes arising from employee-employer relationships are commonplace. These include issues with terms of employment, overtime payment, and relocating of workplaces. It is therefore essential for employers to incorporate a dispute resolution clause in their contracts with employees. Moreover, the courts often require parties to attempt to resolve the dispute through mediation before they are allowed to proceed to trial. This is called court-annexed mediation.

Litigation

Litigation is a common method of dispute resolution in Thailand. The country has a combination of both Western and local legal procedures, including the use of public prosecutors in criminal cases.

Civil claims are generally contested by a Court of Justice, although more specialised courts are available for certain subjects, such as tax, labour, intellectual property and insolvency. The burden of proof in criminal matters is a high standard of proof beyond reasonable doubt, whilst in most civil cases the test is based on preponderance of evidence.

Regardless of the type of case, it is generally recommended that a claimant seek alternative dispute resolution before proceeding to trial. In addition, prior to commencing litigation, plaintiffs should consider the nature and extent of defendant assets in Thailand and abroad as a monetary judgment may be of limited value if the defendant has little or no recoverable assets.

Trade Disputes in Thailand

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For businesses entangled in commercial disputes where compromising is not an option, litigation can be the most viable solution. However, this can be a long and costly process.

Chanintr explains that it requires the right level of commitment and momentum to gather enough information, personnel and determination to see the case through.

Alternative Dispute Resolution

ADR is a means of dealing with disputes that aims to avoid litigation. Generally speaking, it involves the involvement of a neutral party in order to bring the parties to an agreement through negotiations or arbitration. It can be a voluntary process or a mandatory one in accordance with a contract. ADR can involve mediation, conciliation, negotiated rulemaking and neutral factfinding.

Thailand has a system of judicial review with three levels: the Court of First Instance; the Court of Appeal; and the Supreme Court. There are also specialized courts. The Supreme Court has discretion as to whether to accept an appeal from a specialized court decision.

The prevailing legal system in Thailand has a strong common law influence and has generally been effective at enforcing property and contractual rights. Monetary compensation in a civil claim is generally based on actual damage that resulted directly from the wrongful act. However, decisions of foreign courts are generally not binding in a Thai court.

Litigation

Litigation is a last resort option when a trade dispute cannot be resolved through mediation or arbitration. In a court action, the dispute will be decided in accordance with the governing law of the country chosen by the parties.

The Central Intellectual Property and International Trade Court is a specialized court that adjudicates IP disputes including infringement and invalidity issues. The decisions of CIPIT Court may be appealed to the Court of Appeals for Specialized Cases.

The United States continues to urge Thailand to impose effective and deterrent enforcement measures in order to meet its obligations under the GATT/WTO/TRIPs Agreements. In January 2000, Act Up, Doctors Without Borders and Public Citizen wrote to the International Subcommittee of the Patent Committee of USTR to ask that the US government not apply Section 301 pressure to Thailand until the latter carries out changes in its intellectual property laws.

Mediation & Conciliation

Outside the courts, mediation is increasingly popular in Thailand. Many dispute resolution centres, including the office of alternative dispute resolution centre in the Office of the Judiciary and THAC’s mediation institute, provide services.

The process of mediation is normally confidential. It offers the parties greater control and flexibility than the long-winded litigation that inevitably accompanies a case and can help to preserve business or personal relationships that might otherwise go sour during years of court proceedings.

The conciliation process is similar to the mediation procedure but the conciliator acts as an active party rather than a neutral third-party. It also tends to be more cost effective and quicker than a lengthy legal case. The Thai legal system recognises the benefits of conciliation and imposes on parties to arbitration agreements provisions requiring them to attempt to settle disputes through conciliation before proceeding to trial. It also encourages the use of mediation as a means of dealing with trade disputes in order to avoid expensive and time-consuming legal proceedings.

Settlement

The settlement process involves negotiation and mediation and can offer a more amiable outcome for parties than litigation. It also avoids the impact of a long court proceeding on the relationship between partners.

Negotiation is a common mode of dispute resolution and is included in standard arbitration clauses in Thailand. The Labour Department generally encourages insertion of mediation clauses in expatriate agreements to settle disputes before resorting to litigation.

Although the legal system in Thailand is based on English law, a large proportion of international business transactions involve Thai lawyers. Therefore, it is often advisable to have the agreement in both languages to avoid misunderstandings or misinterpretation of the terms and conditions.

The Philippines and Thailand have a longstanding history of bilateral discussions in the WTO dispute settlement process. The 13-year long ongoing DS371 dispute is a testament to the region’s confidence in formal trade dispute settlement.

Labor Disputes in Thailand

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Labor disputes can arise from a variety of reasons, including issues with working hours, overtime payments and relocations. Additional complexities arise when dealing with foreign employment laws and compliance issues.

Key inspection frameworks in Thailand do not adequately address all indicators of exploitation, such as deception regarding key terms of employment; retention of identity documents; recruitment linked to debt; and wage withholding.

Mediation and Conciliation

Labor disputes involving wage claims, hours of work and overtime payment, relocation of the workplace and other issues can be very complicated and expensive to resolve. Understanding the existing legal mechanisms in Thailand can help human resource and compliance staff mitigate risks and avoid lengthy litigation.

In an effort to reduce court case backlogs, the Thai judicial system encourages parties to use alternative dispute resolution processes such as mediation and conciliation. These include court-supervised pre-litigation mediation, which can be conducted while a case is still pending in court.

Mediation involves the disputing parties sitting down with a neutral third party who can understand each side’s viewpoint and help them identify common interests. This can allow them to reach a compromise agreement that is mutually satisfactory rather than one imposed by the courts. Both conciliation and mediation are voluntary. If negotiations or mediation fail, the dispute will be referred to arbitration by a committee established by the Department of Labour Protection and Welfare officials.

Arbitration

When a dispute cannot be resolved through conciliation or mediation, parties may submit the issue to arbitration. Under the Arbitration Act of 2002, the courts will conduct a trial of evidence and question both sides, as well as make a ruling on the case. Arbitral awards are binding unless challenged and can only be set aside on very limited grounds.

Employers with migrant workers must be aware of the legal mechanisms for handling labor disputes that may arise in their operations. Understanding these will allow human resource and compliance staff to meet high moral standards and provide fair treatment to employees, thus reducing the potential for costly disputes.

The laws of Thailand provide safeguards for companies to minimize the risks associated with changing conditions of employment. Understanding these laws will support corporate compliance and human resources staff in navigating the complexities of the Thai labour law landscape. This will ensure a productive, stable and enjoyable work environment for all employees.

Court Trial

If the conciliation process fails or the parties are unable to reach an agreement on a compromise, a labor case can proceed with court trial. The law requires that the judge in a trial hears evidence from both sides and make a fair decision. The court will weigh many factors including the working condition, cost of living and level of wages, employee’s hardship, rights and benefits of the employees, status of the employer’s business and economic and social conditions.

In order to form a quorum for adjudication, at least two career judges and one associate judge must be present. After all the evidence is presented, the labor court will declare its judgment within three days from that date.

The court may also decide to transfer the case to other labor courts when it deems appropriate for the sake of justice and fairness. In addition, the court will issue a summons to the defendant on whom it has been served without delay and set forth the time and place of hearing.

Criminal Case

In certain cases, labor disputes can be elevated into criminal matters. This occurs where the dispute is accompanied by fraud or where an employee accuses the employer of committing a serious offence in relation to his/her employment relationship.

The central court in Thailand is the Central Intellectual Property and International Trade Court, which hears civil and criminal cases involving intellectual property and international trade for all of Thailand. This court is comprised of career judges and associate judges, separately recruited laymen, who are knowledgeable in intellectual property and international trade.

Moreover, there are also alternative dispute resolution mechanisms available under Thai law to help companies address grievances raised by their employees. These channels are effective for improving remediation outcomes and reducing costs associated with litigation. In addition, these processes are often faster and more predictable than a court trial. This is especially the case in a country like Thailand, which is a civil law jurisdiction.

The Thai Judicial System – Civil and Criminal Cases

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While the Thai legal system is complex, and judgments can take years to come down, there are some general rules.

Being a civil law jurisdiction, Supreme Court decisions are persuasive but not binding and criminal law is statute-based, allowing judges broad discretion and no jury. A skilled local lawyer will understand the process and anticipate the moves of opposing counsel.

Court of First Instance

In Thailand, the judicial system is based on international standards and innovative information technology. Currently, the judiciary maintains district courts, provincial courts, Central Courts (also known as the Supreme Courts), military courts, and specialized courts such as family and labor courts. The latter also includes the new International Trade and Intellectual Property Court. The losing party in the decision rendered by these trial courts can appeal at the Court of Appeals and, if they still do not agree, can file with the Supreme or Dika Court.

Under Thai criminal law, it is the sole responsibility of the judge presiding over the case to determine the guilt or innocence of a defendant and, if found guilty, to decide on the punishment that will be imposed. In addition, a judge is not permitted to reduce the punishment by more than half. Consequently, the role of the public prosecutor is to present facts and evidence for the court to consider.

Court of Appeal

As in many jurisdictions, the judge presiding over the case has sole discretion to determine the guilt or innocence of a defendant and to decide on sentencing. There is no jury system in Thailand, and court proceedings are conducted in the native language.

The Court of Appeal, consisting of the central and nine regional courts, hears appeals on questions of law from decisions rendered in the specialized courts. It also rehears cases on questions of facts that are important to the case.

The Supreme (Dika) Court, located in Bangkok, hears appeals from the Court of Appeal on questions of law and in some cases questions of fact. The court will reaffirm, dismiss, reverse or amend the judgment of the lower courts. A ruling rendered by the Dika Court will be binding on future appeals, unlike in England where a previous decision can only be cited as a precedent. This is called res judicata in Thai law.

Court of Military Court

The Court of Military Court operates like a regular court and judges are all military officers. Civilians charged with a crime can expect to receive a fair trial and be guaranteed their rights. However, the ALRC found that there are many limitations in the functioning of the court.

The court system in Thailand is composed of Courts of First Instance, the Courts of Appeal and the Supreme Court (Dika). The Supreme Court hears appeals from the nine regional and central courts and can reaffirm, dismiss or reverse the lower courts’ decisions. It can also issue royal decrees that are not contrary to the constitution, declare war and enter into international treaties with the approval of the national assembly.

Courts of First Instance include general courts, juvenile and family courts as well as specialized courts – the labor, tax, intellectual property and foreign trade courts. Losing parties in cases that have been decided by these courts often file for an overturn at the appeals courts.

Supreme Court

The Supreme Court is the highest judicial authority in Thailand and has the power to try and adjudicate cases involving constitutional issues, cases appealed from the Courts of First Instance, the Courts of Appeal and the Specialized Courts, as well as other matters prescribed by law. The Supreme Court also has the power to decide on administrative cases.

Judicial independence is guaranteed by the Constitution of Thailand. Court proceedings are inquisitorial, and there is no jury system. Judges decide a case based on the merits presented to them, and their decisions are final.

In Thailand, a defendant is presumed innocent until proven guilty. The burden of proof is on the public prosecutor to prove the facts and evidence against an accused, as set out in the Penal Code of Thailand. Court judgments are published in the Government Gazette. The Supreme Court’s judgments have a high degree of influence on lower courts. However, unlike common law countries, higher courts in Thailand are not bound by decisions of their own predecessors.

Marriage in Thailand

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For many Thai women, marriage to a foreigner has become an imaginable and culturally scripted aspiration. The relationships they sustain with foreign men transform their lives, requiring significant personal investments of time and resources.

Before marrying in Thailand, foreigners must obtain a verified affidavit from their respective embassy stating that they are free to marry under Thai law. These documents must then be translated to Thai by a reputable translation service and taken to the Ministry of Foreign Affairs for legalization.

Marriage Registration

Under Thai law, marriage can only be registered when both parties are of legal age (17 years or older). In addition, the couple must present an affidavit featuring notarization from their embassy or consulate indicating they are free to marry. This affidavit should also feature certified copies of any divorce decrees or death certificates.

The affidavits and translation should be taken to the Ministry of Foreign Affairs in Bangkok where they will be legally authenticated. (This process compares the signatures of the consular officials with their records to ensure the documents are genuine).

Once the affidavits have been legalized, they can be presented at any Thai district office, known as an “Amphur” or “Khet”, to register the marriage. The couple may choose to have a ceremony at the Khet, which is optional. In many cases, the groom’s family will offer a dowry to the bride’s family as a sign of respect and to acknowledge their social status.

Affidavits to Marry

A couple planning to get married in Thailand must complete a lot of paperwork. This can be a long process and could turn a vacation into a working holiday for those without local assistance.

The first step is for the couple to obtain sworn Affidavits from their own Embassy or Consulate (also known as Letter of Affirmation to Marry). Each embassy has slightly different requirements for this documentation which must be completed in person.

Once these documents are obtained the couple can go to the District Office (Amphoe) and file for their marriage. Once this is done the couple will receive a Marriage Certificate which must be translated into English and authenticated at the Ministry of Foreign Affairs in Bangkok before it can be used to report the marriage to the home country. It is also highly recommended that the couple have a prenuptial agreement drawn up by a qualified lawyer before their wedding. This will protect their assets in case the marriage sours.

Translation of Affidavits to Thai

The requirement for a foreigner to marry in Thailand is the presenting of an affidavit from their Embassy or Consulate. The affidavit features notarization and certifies that the couple is free to get married per Thai law. In addition, if either or both parties were previously married it is necessary to provide original copies of the divorce certificate and/or death certificates.

The document is translated into Thai and then LEGALIZED at the Ministry of Foreign Affairs in Bangkok. The process normally takes 1 day. Once the marriage is registered in the Thai records the husband and wife are legally bound to each other. If the lady wishes to change her name or title she will have to go to her local amphur to do this as only her local amphur can legally change her Ta bian ban.

Getting married in Thailand creates legal binding effects which can only be canceled under very special circumstances. This is why it is advisable to always consult a good lawyer for this matter.

Marriage Certificate

For many, getting married is a symbol of love and a moment of happiness to share. For others it is a legally binding contract that creates obligations under Thai law which can be difficult to revoke once created. It is important to consider the legal implications of a marriage in Thailand, particularly for individuals seeking a residence visa and/or property ownership rights. Seeking advice from a lawyer can help to ensure that all aspects of the marriage are properly addressed and prevent future complications.

After the affidavits have been translated to Thai and authenticated by the Ministry of Foreign Affairs, both partners need to go to their local District Office (known as an Amphur or Khet) to register their marriage. The couple will then receive a marriage certificate in Thai which can be used to prove the marriage in future.

Marriage Registration in Thailand

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In order for the marriage to be recognised in your home country you need to get both documents #1 (affirmation of freedom to marry) and #2 (translated into Thai) LEGALIZED at the Ministry of Foreign Affairs in Bangkok. This normally takes two days.

The procedure differs by embassy. You will each need a notarized affidavit.

Legalization

While marriage is an important step in a couple’s relationship, it can also have legal binding effects, including tax deductions and the right to access government benefits and co-manage property. This is why it’s essential that couples understand the responsibilities that come with a registered marriage before taking this step.

Getting your marriage in Thailand legalized is the final step in the process. It involves submitting all the relevant documents to your local district office, known as an “amphur” or “khet”. The documents will then be submitted for verification at the Ministry of Foreign Affairs. This normally takes two days.

Getting your marriage in Thailand legalized is an essential step in the process, especially for foreigners. It streamlines the document recognition process for countries that are part of the Hague Convention. Those that aren’t may require an authentication certificate instead. This is a more time-consuming and expensive process. However, it can still be a worthwhile investment in order to ensure that your Thai marriage certificate is recognized internationally.

Affirmation

For a marriage to be valid in Thailand it must be registered at the local district office, called an amphur. It is a simple process, but the documents you need to submit can vary depending on your individual circumstances. It is important to prepare your documentation carefully, as the smallest error could result in rejection of your application.

First, you must obtain an affirmation of freedom to marry from your embassy in Bangkok. This document is an official letter stating that you are free to marry your partner and that there is no legal impediment for the wedding. Once you have your document you should then take it to a translation service in Bangkok and have it translated into Thai. After your translator has completed the translation you should then take it to the Ministry of Foreign Affairs in Bangkok and have the document legalized. The process typically takes one day. This final step is required in order to register your marriage in Thailand and make it legally binding in both countries.

Translation

All foreigners who marry in Thailand must have their marriage registered at the District Office (Amphoe). This is to ensure that the marriage is a legally binding relationship under Thai family law and that the rights, duties and responsibilities that are attached to this are recognised. This can be done at any Amphoe and is not only for convenience; it is a requirement under Thai law (section 1458).

A couple will need the notarized affidavit that they are free to marry along with copies of their passports, and certified translations into Thai. These documents should then be taken to the local Embassy or Consulate who will authenticate them. The signatures of these officials are then checked by the Ministry of Foreign Affairs who will verify them and issue a Certificate of Legalisation that can be used to register your marriage at the Amphur offices. This process can take up to two days. It is important to have these documents ready before you arrive at the Embassy or Consulate to save time.

Verification

Depending on your circumstances you may need to take extra steps to ensure your marriage is recognised by authorities in your home country. This will involve seeking legal advice to ensure that your specific needs are addressed.

Once the affirmation and translation have been verified by your Embassy/Consulate you can submit all documents to the local district office (Amphur). This official recording of your marriage makes it legally binding in Thailand and abroad.

If you are a foreigner you will need to provide your original passport and an arrival card, as well as an affidavit of marital status from your Embassy/Consulate that you are single and free to marry in accordance with Thai law. You will also need to bring copies of any previous marriages and divorce decrees. In addition, you will need to bring a certified copy of your translation from the Ministry of Foreign Affairs.

Child Legitimation in Thailand

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Child Legitimation commonly arises when unmarried couples have children born out of wedlock. It is a legal procedure through which fathers can legally recognize their children as their own and gain parental rights.

Once the process is completed, the father can take on custodial rights, provide financial security and even claim inheritance rights. The child will also be allowed to bear the father’s surname, a matter of great significance in Thai culture.

Biological Relationship

Although Thai law states that a child is exclusively the mother’s child, biological fathers can establish paternal ties through a legal process known as legitimation. This guide explores the intricacies of this process, examining its legal framework and procedures as well as its implications for both parents and children.

There are three primary ways to legitimize a child in Thailand: through marriage, court action, or government registration. Upon legitimation, a child can acquire a number of important rights. These include the right to bear the father’s surname and access benefits such as social security and healthcare. In addition, legitimate children have equal parental rights and responsibilities with their mothers and can inherit from them. A biological relationship can also be confirmed by a DNA test, allowing the father to claim financial support for his children. Ultimately, the decision to legitimize a child lies with the mother, and her consent must be obtained before pursuing this option.

Legal Capacity

In Thailand, children have the same legal rights as those born within a marriage. This means that despite appearing on a child’s birth certificate, fathers with no legally established relationship to the child are not entitled to parental powers over them until they have gone through the legitimation process.

Fathers seeking to obtain such rights can seek to register their legitimation at a local district office, providing that they receive the consent of both the mother and child. The authorities will verify the identity of both parents and confirm that the child is biologically their offspring.

Legitimation also enables the child to inherit property and assets from the father, as well as use the father’s surname. It can also be used as grounds for a visa application, or in cases of custody disputes. Regardless of the method of legitimation, seeking family legal representation is advisable as it helps to guide parents through the process and ensures that the best interests of the child are taken into consideration.

Consent

Until a child is legally recognised as legitimate, they are considered illegitimate under Thai law. Legitimation bestows significant rights, including inheritance and custody, upon children born to unmarried parents. Whether through marriage, voluntary acknowledgment, or registration by the father at the local district office (Amphur), the process of child legitimation is an important one.

After the process of legitimation, fathers in Thailand have equal rights and responsibilities as mothers, including parental power and custody, unless otherwise deprived by court judgment. They can also visit or take their children out of the country with their consent, and are obligated to provide them with food, shelter, education and health care. If the mother or child objects to the process, or if they are deceased, an action for legitimacy can be brought by the closest relative. This is a complex matter which requires legal advice and guidance from our experienced English and Thai speaking lawyers.

Registration

Although Thai law states that a child is the sole legal offspring of the mother, fathers who wish to establish parental ties have several options. These include subsequent marriage, court action, and government registration of paternity. Legitimation provides social acceptance and reduces the societal stigma associated with illegitimacy while also providing financial security for children through their father’s legal obligation to provide support.

In order to legitimize his or her children, a father must apply for their registration at a local district office. The application requires both the mother and child to express their consent and appear before a registrar in person. If the mother and child do not appear within sixty days (or one hundred and eighty if they are outside of Thailand) after being notified of the application, it is presumed that they do not give their consent to the father’s request.

Once legitimized, a father can claim equal parental rights and custody. He can also use his surname and acquire citizenship for his children.

Child Support in Thailand

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Child Support is an important aspect of Thai family law. It ensures that children receive financial support from both parents, especially during the critical early years of their development.

Unmarried biological fathers in Thailand are legally obligated to pay child support, unless they legitimize the child with documents filed at a district office. Couples may also decide on child support arrangements as part of their divorce agreement.

Legal Obligations

In Thailand, parents are obligated to provide for their children’s needs until they reach legal age. The amount of child support should be determined by mutual agreement or by a court order. The amount should be reasonable and should cover the child’s expenses, including food and shelter. The money should not be used for the custodial parent’s personal benefit.

Parents can include a settlement regarding child support in their divorce agreement. The agreement should be submitted to a district office to become legally enforceable. For foreigners who have a relationship which may not be deemed marriage under Thai law, it is best to consult with a lawyer regarding the issue of child support.

While attitudes toward family structure are evolving, there are still societal expectations for parental contributions to children’s upbringing. A knowledgeable family lawyer can help you understand your legal options and navigate Thailand’s complex child support laws. They can also assist you in reaching a fair and equitable arrangement.

Calculation

In the case of disputed child support, a court will consider the relative incomes of both parties as well as expenses and assets. This is an essential step in establishing a reasonable amount to be paid for the benefit of children.

The financial security of children is an important consideration when couples separate or divorce, especially if one parent is residing abroad. Ensuring that children are adequately supported requires a strong commitment to the legal framework, proactive strategies for communication and collaboration, and expert guidance when needed.

For instance, UNICEF worked closely with the Government of Thailand to design a child support grant that is based on actual food costs for small children. This is a great example of the kind of policy advocacy that is necessary to secure equitable, sustainable, and cost-effective support arrangements. In addition, ensuring that enforcement measures are in place to address cases of non-compliance is crucial. This can be achieved through wage garnishment, property seizure, and even suspension of driving and other licenses where appropriate.

Enforcement

Under Thai family law, parents are obligated to provide financial support for their children until they reach legal age. This can be settled through a mutual agreement or by court order and should cover basic expenses such as food, shelter, clothing, medicine and education. The money cannot be used for the parent’s personal benefit.

In deciding a case of disputed child maintenance, the court will consider relative incomes of the parties and the expenses of the children. It will also take into account the ability of the party to pay, and other relevant circumstances.

When a custodial spouse is not receiving adequate child support, they can file a complaint at the local district office or work with a private agency to help identify and collect owed payments. If the non-custodial parent fails to make payments, the custodial spouse can apply to the Department of Legal Execution for enforcement action.

Modification

Under Thai family law, parents are obligated to financially support their children until they reach legal age. The issue of child support can be settled through a written agreement or by a court order. Money collected for child support must cover the child’s expenses, including food, shelter, clothing, medicines, and education. However, it is not allowed to be used for the custodial parent’s personal benefits.

If you are going through a divorce, it is best to seek professional advice on the issues regarding child custody, legitimation and child support. An experienced lawyer can assist you in drafting formal and enforceable child support agreements. They can also help you obtain proper enforcement measures in case of non-compliance.

In cases where one parent lives in Thailand while the other resides abroad, effective cross-border enforcement may pose challenges. However, it is possible to overcome these obstacles by ensuring that relative incomes and other pertinent data are correctly reported.

Child Custody in Thailand

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In Thailand child custody cases are usually decided by family court. Judges will take into account what is in the best interests of the child.

For unmarried couples, the mother has sole custody of children unless the father registers a legitimation of his child with local district offices.This is because a child born out of wedlock is only recognized as the legitimate child of the birth mother.Parental PowerParents have the right and duty to care for their child and provide food, shelter, clothing and education. This parental power is known as “custody” in Thai law (section 1686 CCCT).If married, the father and mother share custody equally. This can be by agreement or a decision of the Court. For unmarried couples, the mother holds full custody by default. Fathers can have a say in the custody of their children by filing for “legitimation” of the child.Sometimes, one parent will leave their child with a family member to look after them for a period of time. While it is not a good idea, this does not give the person who has taken the child custody rights. A guardian can be appointed by a Court and this is normally a parent. It is also possible for the Court to terminate a parent’s parental rights. This is an extremely difficult process and requires very strong evidence.Divorce by Mutual ConsentIn Thailand family courts place the best interests of children above all other concerns and closely examine child development issues with social worker reports. Mothers and fathers who are both able to care for the children equally are usually granted joint custody.If a father of a child born out of wedlock wants to gain legal paternity rights in Thailand he must file an action for the legitimation of his child at the local district office. If he does not take such action his fatherhood will never be legally recognized even if his name appears on the child’s birth certificate.If a parent residing outside Thailand fails to perform child support payment duties he/she may be reported to the Public Child Support Office by the custodial spouse. The Office will investigate the matter and if the debt is outstanding, the custodial spouse can apply to the legal execution department to enforce the judgment. This is however a difficult procedure as the foreign country will need to recognize Thai judgments in such cases.Child AbductionOne of the more specialized types of child custody cases are international abductions. Thailand is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction and passed domestic law in 2013 enacting the International Civil Cooperation on Breach of Rights of Custody.In such cases, a parent must first establish their custody rights in Thai Family Courts. Then they can file a complaint with legal authorities in the country where the child was taken. A qualified Thailand Family Law Attorney can assist with this process including contacting Interpol, Thai police and private investigators as necessary.Legal paternity rulings are also important for this type of case. Only a legally recognized father can claim rights to a child in the event of a divorce or separation. Otherwise he will be considered illegitimate. This is also why mediation is a good option for couples who want to reach a custody agreement without going to court.Termination of Parental RightsThe child’s best interests are the primary consideration in any custody case. The Court will consider both parents’ behavior and how their relationship has affected the child.Unlike most western countries, Thai law does not automatically grant both parents parental power. Biological fathers who are unmarried must petition for legal paternity (legitimation) in order to gain full custodial rights of the child.Regardless of who is granted custody, both parents are responsible for the financial support of their children and providing them with an appropriate upbringing (clause 1563 CCCT). Moreover, both parties are bound to maintain their children until they become sui juris. In the event that a parent does not wish to continue maintaining their child, the child can be transferred to another party to exercise parental powers under the authority of the Court (clause 1686 CCCT). This is done by filing a petition with the Family Court. This process will be accompanied by an observation and protection center assessment.