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ResourcesThai Civil and Commercial CodeBook5Book V Family Title II Parent and Child Chapter I Parentage

Book V Family Title II Parent and Child Chapter I Parentage

Page: 202

Section: 1544 - 1548

Section 1544.- An action for repudiation of a child may be entered by the person who has the right of inheritance together with the child or by the person whose right of inheritance would be deprived on account of the birth of the child in the following cases :

                  (1) The man who is or used to be the husband died before the expiration of the period within which the action could have been entered by him ;

                  (2)  The child was born after the death of the man who is or used to be the husband.

                  The action for repudiation of the child under case

                  (1) must be entered within six months since the death of the man being or having been the husband becoming known to that person. The action for repudiation of the child in case under

                  (2) must be entered within six months as from the date when the birth of the child became known to that person. In any case, no such action can be entered later than ten years after the birth of the child.

The provisions of Section 1539 shall apply to the entering of an action for repudiation of the child, mutatis mutandis.

 

Section 1545.- When the fact appears to a child that he or she is not an inherited child of the husband of the mother, the child may request the Public Prosecutor to sue the action refusing the being legitimate child of that man.

In entering the action under paragraph one, if it becomes known to the child before he or she becoming sui juris that he or she is not the legitimate child of the husband of his or her mother, no action can be entered can be entered by the Public Prosecutor after one year as from the date of his or her becoming sui juris. If it becomes known to the child after his or her becoming sui juris, no action can be entered by the Public Prosecutor later than one year after the day when the fact come to his or her knowledge.

 

Section 1546.- A child born of a woman who is not married to a man is deemed to be the legitimate child of the woman.

 

Section 1547.- A child born of the parents who are not married to each other shall be legitimated by the subsequent marriage of the parents, or by registration made on application by the father, or by a judgment of the Court.

 

Section 1548.- When legitimating is applied for by the father, the child and the mother must give consent to the applicant.

In case of the child and the mother do not appear before the Registrar for giving the consent, the Registrar shall notify the father’s application for the registration to the child and the mother. If the child or the mother raises no objection or does not give consent within sixty days after the acceptance of the notification by the child or the mother, it is presumed that the child or the mother does not give the 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 case of the child or the mother raises an objection that the applicant is not the father, or does not give the consent, or is unable to give the consent, the registration for legitimation must be effected by a judgment of the Court.

After the Court has pronounced a judgment effecting the registration of the legitimation and the judgment has been produced to the Registrar for registration, the Registrar shall effect the registration.