IBC泰國法律金融會計事務所International Business Consultancy

Child Custody for Unmarried Couple in Thailand

泰國未婚下的子女監護權

Nowadays society is getting more complicated than before, especially when it comes to marriage. It is possible for couples to have children without getting married. One day if an unmarried couple in Thailand wants to terminate their relationship, what will they need to do to have their child custody right?

現今的社會比以前更加複雜，尤其是婚姻，一對伴侶有可能在沒有婚姻的情況下擁有子女，要如何才能獲得子女的監護權？

According to Thai Civil and Commercial Code, following is regulations about child custody for unmarried couple:

依據《泰國民商法》規定，以下為有關非婚生子女的監護權規定：

     1. A child born of a woman who is not married to a man is deemed to be the legitimate child of such woman.[1]  

一個女人與非婚姻關係的男人生下小孩，監護權歸女方所有。

2. A child born of the parents who are not married to each other is legitimate by the subsequent marriage of the parents, or by the registration made on application by the father, or by a judgment of the Court.[2]

非婚生的小孩監護權可由父親進行登記或是法院判決取得。

     3. When legitimation is applied for by the father, the child and the mother must give consent to the applicant.[3]

父親申請監護身份時，須得到小孩及孩子的母親同意。

In relation to administrative registration procedure, in case where the child and the mother do not appear before the Registrar for giving the consent, the Registrar shall notify the child and the mother of the father’s application for registration. If the child or the mother raises no objection or does not give the consent within sixty days after the acceptance of the notification by the child or mother, it is presumed that the child or the mother does not give consent. The period of time shall be extended to one hundred and eighty days in case where the child or the mother has been outside Thailand. In this situation the father has to file a petition to the court.

有關行政登記程序，如果小孩和媽媽沒有表示同意，書記官應通知父親的登記申請。如果小孩或母親在收到通知的60天內沒有提出異議或未表示同意，會假設他們不同意；如果孩子或母親不在泰國，該期限應延長至180天。在未收到同意的情況下，父親必須向法院提出請願。

In order for the court to grant legitimation of a child, the father is required to prove one of the following grounds:[4]

父親必須提出以下理由之一來取得法院同意：

     1. Where there is a rape, abduction or illegal confinement of the mother during the period when conception could have taken place;

小孩的母親在可能受孕時被強暴、綁架或監禁；

     2. Where there has been elopement or seduction of the mother during the period where conception could have been taken place;

小孩的母親在可能受孕時私奔或被引誘；

3. Where there is a document emanation from the father and acknowledging the child as his own;

他有證明文件並承認小孩是他的；

     4. Where it appears in the birth register that the child is a son or daughter of the man who notified of the birth, or such notification was made with the knowledge of the man;

出生登記由他進行，或是在他知曉的情況下進行登記；

     5. Where there has been open cohabitation of the father and the mother during the period where conception could have been taken place;

小孩的母親在可能受孕時與他公開同居的地方；

     6. Where the father had sexual intercourse with the mother during the period when conception could have been taken, and there are grounds to believe that he or she is not the child of another man;

小孩的母親在可能受孕時與他發生性關係，並且有理由相信小孩的父親不是另一個男人；

     7. Where there has been a continuous common repute of being a legitimate child. If the father wants to exercise his right, he can either get it by mutual consent or by court decision by providing facts showing the relationship of father and child, child’s connection with the family such as paying child’s education or maintenance, or to be allowed for the child to use his family name or any other facts.

小孩被公認為父親的孩子。如果父親想行使小孩的監護權，可通過雙方同意或透過法院判決取得。例如表明父子關係的事實，提供子女教育費用，或其他扶養費，或者允許孩子使用父親的姓氏等等。

IBC International Business Consultancy is a law and accounting firm located in Bangkok, Thailand with experienced lawyers, accountants, and financial advisers. We provide services including investment, tax and legal advice in Thailand.

IBC泰國法律金融會計事務所 (International Business Consultancy) 為一間位於曼谷的泰國事務所，由經驗豐富的律師、會計師、及財務顧問組成，可提供泰國投資、泰國稅收及泰國法律諮詢等服務。