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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: 203

Section: 1549 - 1554

Section 1549.- When the Registrar has notified the child and the mother of the application of legitimation under Section 1548, notwithstanding whether the child or the mother will object to the application under Section 1548 or not, the child or the mother may, within a period of not more than ninety days as from the date of the notification being known to the child or mother, notify the Registrar to make a record that the applicant is not suitable person for exercising partly or wholly the parental power.

Although the registration of legitimation under Section 1548 had been made, if the has been a notification of the child and the mother under paragraph one, the child’s father will not be able to exercise partly or wholly such parental power as had been notified by the child or the mother until the Court will pronounce a judgment effecting the child’s father to exercise partly or wholly the parental power, or a period of ninety days had elapsed as of the date when the Registrar was notified by the child or the mother of the unsuitability on the party of the applicant for registration of legitimation to be a person unsuitable for exercising partly or wholly the parental power.

In case the Court pronounces a judgment that the applicant for registration of legitimation is not a person suitable to exercise partly of wholly the parental power, the Court will take into consideration in the same case who will exercise partly or wholly the parental power or be the guardian for governing partly or wholly.

 

Section 1550.- (Repealed)

 

Section 1551.- In case where there is an objection that the applicant for registration of legitimation is not the child’s father, if such applicant has brought the action to the Court for the judgment to effect him to be the child’s father, the child or the mother may apply to the Court in the same case for an order to the effect that the applicant for registration of the legitimation is not a suitable person for exercising partly or wholly the parental power even though he is the real father of the child. In such case, the provisions of paragraph three of Section 1549 shall be applied, mutatis mutandis.

 

Section 1552.- In case the child has no mother or has mother but the mother has been deprived partly or wholly of her parental power and other person has been appointed by the Court to be the guardian partly or wholly before the registration of legitimation, the father who has applied for the registration of legitimation may, if he thinks it is for the benefit of the child that he should be the person exercising the parental power partly or wholly, apply to the Court for an order effecting the deprivation of the partly or whole guardianship from the guardian and make the father as the person exercising the parental power. If the Court deems that the father exercising the parental power will bring more happiness and interest to the child, the Court may give an order effecting the deprivation of the partly or whole guardianship from the guardian and make the father the person exercising the parental power.

 

Section 1553.- (Repealed)

 

Section 1554.- Any interested person may, within three months as from the date of when the registration of the legitimation comes to the knowledge of such person, apply for the Court for cancellation of the registration on the ground on the person who has been registered is not the father of the child. In any case, no such action may be entered after the lapse of ten years as from the date of the registration.