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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: 204

Section: 1555 - 1557

Section 1555.- An action for legitimation may be entered only in following cases :

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

                  (2) When there has been elopement or seduction of the mother when during the period when the conception could have taken place ;

                  (3) When there is a document from the father acknowledging the child as his own ;

                  (4) When 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 ;

                  (5) When there has been open cohabitation of the father and the mother during the period when the conception could have taken place ;

                  (6) When the father had sexual intercourse with the mother during the period when conception could have taken place, and there are grounds to believe that the child is not the child of another man ;

                  (7) When there has been a continuous common repute of being a legitimate child.

                  The continuous common repute as being a legitimate child is established by means of facts showing the relationship of father and child, as evidenced by the child’s connection with the family which the child claims to belong, such as the fact that the father has provided the child’s education or maintenance, or he has allowed the child to use his family name or other facts.

In any case, if the man is found as unable to be a father, the case shall be dismissed.

 

Section 1556.- The action for legitimation may be brought by the legal representative of the child if the child is a minor of not yet completed his fifteenth years of age. In case where there is no legal representative or the legal representative cannot perform his duties, a close relative or the Public Prosecutor may apply to the Court for appointing a representative, ad litem, to bring the action on behalf of the child.

When the child has completed the age of fifteenth year of age, the child must bring the action himself and need not obtain the consent of the legal representative.

In case of the child has come of age, the child is to enter an action within one year as from the day of becoming sui juris.

In case of the child dies during the period of time when the child has the right to bring an action for legitimation, the child’s descendent is able to enter the action for legitimation. If the child’s descendent has known the ground of the application for legitimation before the death of the child, the child’s descendent is to enter the action within one year as from the death of the child. If the child’s descendent has known the ground of the application for legitimation after the death of the child, the child’s descendent is to enter the action within one year as from the date of the knowledge of the said ground, but it must not elapse ten years as from the date of the death of the child.

The provisions of paragraph one and paragraph two shall apply to the action of legitimation entered by the minor descendent mutatis mutandis.

 

Section 1557.- Legitimation under Section 1547 shall take effect as follows :

                  (1) As from the day of the marriage in case of the subsequent marriage of the parents ;

                  (2) As from the day of the registration in case of the registration of legitimation has been made by the father ;

                  (3) As from the day of the final judgment in case of the Court has passed a judgment as the legitimation, but it is not to be set up to the prejudice of the right of a third person acting in good faith, unless the legitimation has been registered according to the judgment of the Court.