Category: The Thailand Civil and Commercial Code

Parent and Child Sections 1536 – 1585

TITLE II

PARENT AND CHILD

CHAPTER I

PARENTAGE

Section 1536. A child born of a woman during wedlock or within three hudred and ten days after the termination of the marriage is presumed to be the legitamate child of the husband or the man whi used to be the husband, as the case may be.

The provisions of paragraph one shall apply to a child born of a woman before the marriage has been announced void by the final judgment of the Court, or within three hundred and ten days as from the date of such final judgment.

Section 1537. In case where the woman had made the new marriage and gave birth to a child within three hundred and ten days as from the day of termination of the marriage, the child shall be presumed to be the legitimate child of the new husband, and no presumption under Section 1536 saying that the child is the legitimate child of the former husband shall apply; provided that there is a judgment pronouncing that the child is not the legitimate child of the new husband.

Section 1538. In case where the man or woman had made the marriage against Section 1452, a child born during such marriage shall be presumed to be the legitimate child of  the husband who has last marriage entered into the Marriage Register.

In case where the woman had made the marriage against Section 1452, the presumption in Section 1536 shall apply; provided that there is a final judgment pronouncing that the child is not legitimate child of the husband who has the last marriage entered into the Marriage Register.

The provisions of paragraph one shall apply to the child born within three hundred and ten days from the date of the final judgment pronouncing the void of the marriage made against Section 1452.

Section 1539. In case where the child is presumed  to be the legitimate child of the husband or the man who used to be the husband under Section 1536, Section 1537 or Section 1537 or Section 1537 or Section 1538, the husband or the man who used to be the husband may repudiate the child by entering an action in Court against the child and the mother jointly, and providing that he did not cohabit with the mother of the child during the period of conception, that is to say, the period extending from the one hundred and eightieth day to the three hundred and ten day inclusive, prior to the birth of the child, or that he could not have been the father of the child on other grounds of impossibility.

The action may be brought against only the child if at the time of entering the action the mother of the child is not alive. Where the child is not alive irrespective of whether the mother of the child is alive or not, the Court may be requested to declare that the child is not his legitimate child. In case where the mother of the child or the heir of the child is still alive, the Court shall send a copy of the request to the said person and may, if it thinks proper, send also a copy of the request to the Public Prosecutor for consideration of proceeding the case on behalf of the child.

Section 1540. (Repealed)

Section 1541. An action for repudiation of a child cannot be entered by the husband or the man used to be the husband if it appears that the latter causes to have the birth of the child entered in the Birth Register as his legitimate child or arranges or agrees to have it entered in the Birth Register.

Section 1542. An action for repudiation of a child shall be entered by the man who is or used to be the husband within one year after the birth of the child. In any case no such action can be entered later than ten years after the birth of the child.

In case where there is a judgment pronouncing that the child is not the legitimate child of the new husband under Section 1537 or of the husband in the last marriage under Section 1538, if the husband of the man who used to be the husband and is presumed by Section 1536 to be the father of the child, he shall enter the action within one year since the final judgment became known to him.

Section 1543. In case where the man being or used to be the husband who has entered an action for repudiation of the child, died before the case becoming final, a person who has the right of inheritance together with the child or a person whose right of inheritance would be deprived on account of the birth of the child, may file a motion to substitute himself or may be summoned to substitute for the deceased.

Section 1544. An action for repudiation of a child can be entered by a person who has the right of inheritance together with the child or by a 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 (1) must be entered within six months since the death of the man being or having ever been the husband becoming 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. A child may request the Public Prosecutor to enter an action under Section 1536 for repudiation to be legitimate child of the husband of his or her mother if it becomes known to the child that he or she is not an inherited child of the husband of the mother.

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 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 since the day when the facts 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 such woman.

Section 1547. 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.

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

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 case where 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 had 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.

Section 1549. When the registrar has notified the child and the mother of the application of legitimation under Section 1548, notwithstanding whether the child and 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 since the notification reached the child or mother, notify the Registrar to make a record that the applicant is not a suitable person for exercising partly or wholly the parental power.

Although the registration of legitimation under Section 1548 had been made, if there 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 since 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 the person unsuitable for exercising a part of the whole of the parental power.

In case the court pronounces a judgment that the applicant for registration of legitimation is not the suitable person for exercising a part or the whole of the parental power or be the guardian.

Section 1550. (Repealed)

Section 1551. In case where there is an objection to the applicant for registration of legitimation on account of not being the child’s father, if the applicant for registration of legitimation has brought an action to the court for a judgment effecting him to be the child’s father. The child or mother may apply to the court in the same case for an order to the effect that the applicant for registration of legitimation is not a suitable person for exercising a part or the whole of the parental power even though he is the real father of the child. In such case, the provisions of paragraph three of Section 1599 shall be applied mutatis mutandis.

Section 1552. In case the child has no mother or has mother but the latter has been deprived partly or wholly of her parental power and the other person has been appointed by the Court to be guardian partly or wholly before the registration of legitimation.

The father who causes the registration of legitimation having been entered may, if he thinks that for the benefit of the child, he should be the person exercising the parental power partly or wholly, apply to the court for an order effecting the deprivation of a part of the whole of guardianship from the guardian opinion of the court, exercise the parental power for bring about more happiness and interest to the child. The court may give an order effecting the deprivation of a part or the whole of guardianship from the guardian and making the father to be the person exercising the parental power.

Section 1553. (Repealed)

Section 1554. Any interested person may, within three months from the time when the registration of legitimation comes to his knowledge, apply to the court for cancellation of the registration on the ground that the person at whose instance the legitimation 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 since the date of registration.

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

  1. Where there is a rape, abduction or illegal confinement of the mother during the period when conception could have taken place;
  2. Where there has been elopement or seduction of the mother during the period where conception could have been taken place;
  3. Where there is a document emanation from t he father and acknowledging the child as his own;
  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;
  5. Where there has been open cohabitation of the father and the mother during the period where conception could have been taken place;
  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;
  7. Where there has been a continuous common repute of being a legitimate child. There status resulting from continuous common repute of 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 to which he claims to belong, such as the fact that the father has provided the child’s education or maintenance, or that he has allowed the child to use his family name or other facts.

In any case, if the man is found 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 there is no legal representative or the legal representative cannot perform his duties, a closed 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.

After attaining the age of fifteenth years old complete, the child has to bring the action himself and need not obtain consent of the legal representative.

After attaining the age of sui juris, the action has to be entered within one year from the day of becoming sui juris.

In case the child is dead during the time has right to bring an action for legitimation, his descendant may enter an action for legitimation. Should the descendant know the ground of the action for legitimation before the death of the child, the action would have to be entered by the former within one year from the death of the child should the ground of the action for legitimation become known to the descendant after the death of the child. However, the action would have to be entered within one year as from the day; the said ground came to his knowledge; provided that is cannot be entered after ten years have elapsed since the death of the child.

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

Section 1557. Legitimation under Section 1547 shall take effect:

  1. From the day of marriage in case of subsequent marriage of the parents;
  2. From the day of registration in case where the registration of legitimation is made by the father;
  3. From the day of final judgment in case of legitimation pronounced by the court, provided that it may be set up to the prejudice of the rights of third persons acting in good faith, unless it has been registered according to the judgment.

Section 1558. As regards the action for legitimation of the deceased having been entered within the period of prescription for claim for inheritance, if the court adjudges the child to be legitimate he is entitled to inheritance as a statutory heir. In case where the estate has been divided the provisions of this Code concerning Undue Enrichment shall be applied mutatis mutandis.

Section 1559. After registration of legitimation has been made, it cannot be revoked.

Section 1560. The child born during marriage is deemed to be legitimate, even though the marriage has been subsequently cancelled. 

CHAPTER II

RIGHTS AND DUTIES OF PARENT AND CHILD

Section 1561. A child has the right to use the family name of the father. In case the father is unknown, a child has the right to use the family name of the mother.

Section 1562. No person can enter an action, either civil or criminal, against his ascendants, unless the case is taken up by the Public Prosecutor upon application of such person or a close relative of such person.

Section 1563. Children are bound to maintain their parents.

Section 1564. Parents are bound to maintain their children and to provide proper education for them during their minority.

When the children are sui juris, parents are bound to maintain them only when they are infirm and unable to earn their living.

Section 1565. As regards the applications for maintenance of the children or for any other form of maintenances to be given to children, it may be taken up by the father or the mother except the case to be taken up by the Public Prosecutor according to Section 1562.

Section 1566. A child is subject to parental power as long as he is not sui juris.

The parental power is exercised by the father or the mother in any of the following cases;

  1. the mother or the father is dead;
  2. It is uncertain whether the mother or t he father is living or dead;
  3. the mother or the father has been adjudged incompetent or quasi-incompetent;
  4. the mother or the father is placed in a hospital by reason of mental infirmity;
  5. the parental power has been granted to the mother or the father by an order of the court;
  6. the mother or the father have come to such agreement as provided by the law that it can be made.

 

Section 1567. A person exercising parental power (natural guardian) has the right:

  1. to determine the child’s place of residence;
  2. to punish the child in a reasonable manner for disciplinary purposes;
  3. to require the child to do such work as may be reasonable to his ability and condition in life;
  4. to demand the return of the child from any person who unlawfully detains him.

 

Section 1568. Where a person who already has a child marries another person the parental power over such child is exercised by the former person.

Section 1569. A person exercising parental power is the legal representative of the child. If the child is adjudged incompetent or quasi-incompetent, the person exercising parental power shall be the custodian or curator, as the case may be.

Section 1569/1. In case where the minor has been adjudged incompetent or quasi-incompetent and other person who is not the one exercising the parental power or the guardian has been appointed as the guardian by the order of the Court, such order shall effect the revocation of the person exercising the parental power or guardian, at the moment.

In case where the person being sui juris and having no spouse has been adjudged incompetent or quasi-incompetent, the parents or the father or the mother shall be the guardian or curator, as the case may be, unless the Court shall order otherwise.

Section 1570. Notifications made by or to the person exercising parental power according to Section 1566 or Section 1568 are deemed to notifications made by or to the child.

Section 1571. Parental power includes the management of the property of the child and such management shall be exercised with the same care as that of a person of ordinary prudence.

Section 1572. A person exercising parental power cannot, without the consent of the child, create an obligation the subject of which is personal to the child.

Section 1573. If the child has an income, it shall in the first place be used for his maintenance and education; any residue thereof shall be kept by the person exercising parental power and be returned to the child. But, if the person exercising parental power has no income sufficient for living to his condistion in life, that income may be expended in a reasonable measure by the person exercising parental power, unless it is an income derived from gift or legacy subject to the condition that it shall not be for the benefit of the person exercising parental power.

Section 1574. A person exercising parental power cannot enter into any of the following juristic acts with regard to the property of the minor except with permission of the Court;

  1. selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to mortgagor or transferring the right of mortgage on immovable property or on mortgageable movable property;
  2. extinguishing the whole or a part of real right of the minor on immovable property;
  3. creating servitude, right of inhabitation, right of superficies, usufruct or any charge on immovable property;
  4. disposing of the whole or a part of the claim the purpose of which is to create real right on immovable property or on mortgageable property, or the claim the purpose of which is to have a real right on such property of the minor relieved;
  5. letting immovable property for more than three years;
  6. creating any commitments the purpose of which is to achieve the objective as provided in (1), (2) and (3);
  7. making a loan of money;
  8. making a gift, except out of the income of the minor on the minor’s behalf for charitable, social or moral purposes, and suitable to the minor’s condition in life;
  9. accepting a gift subject to any condition or charge, or refusing a gift;
  10. giving guarantee by any means whatsoever which may cause the minor to be compelled to perform an obligation or to enter into other juristic act, as requiring the minor to perform an obligation to other person or on behalf of other person;
  11. making benefit out of the property other than those provided in Section 1598/4 (1), (2) or (3)
  12. making a compromise;
  13. submitting a dispute to arbitration.

 

Section 1575. Where in regard to any act, the interests of a person exercising parental power or the interests of a spouse or children of a person exercising parental power conflict with those of the minor, the former must obtain the permission of the court in order to perform such act, failing such act shall be void.

Section 1576. The interests of a person exercising parental power or the interests of a spouse or children of a person exercising parental power in Section 1575 shall include interest in the following businesses:

  1. Interests in the business that the said person performs with an ordinary partnership of which that person is a partner.
  2. Interests in the business that the said person performs with a limited partnership of which that person is a partner with unlimited liability.

Section 1577. A person may transfer by legacy or gift a property to a minor, subject to its being managed, up to the time of majority, by a person other than the person exercising parental power.

Such manager must be named by the transferor, in default, or by court and his management shall be subjected to Section 56, Section 57 and Section 60.

Section 1578. When parental power ceases as the minor is sui juris, the person who exercised parental power must hand over to the child for certification, without delay, the property so managed and render to him a written account thereof, and if there is any document relating thereto, it shall be handed over at the same time as the account.

If the parental power ceases other than those mentioned in paragraph one, the property, account and document relating to management of the property shall be handed over to the person exercising parental power, if any, or to the guardian, as the case may be, for certification.

Section 1579. In case where one spouse is dead and the other who has a child born within wedlock intends to make a new marriage, if the latter has possessed the property properly separated for the child, the property may be handed over to the child when the child can manage it, or the property may be kept and handed over to the child at the proper time. If it is the property specified in Section 456 or has a documentary title, the child’s name shall be entered in the document as the co-owner, and that the marriage cannot take place unless the aforesaid management has been completed.

If the is reasonable ground, the Court may give an order allowing the said spouse to make the marriage first. But the Court must specify in the order that the spouse must complete the separation or the property and a making of an inventory as provided in paragraph one within a specified period of time after the marriage.

In case the marriage is made in contravention of paragraph one, or in case the spouse does not comply with the order of the Court given under paragraph two, the Court may on its knowledge of the fact or on application of the minor’s relative or of the Public Prosecutor, give an order depriving the spouse of the parental power or directing any person to make the inventory and to have the child’s name entered as co-owner in the said document instead, and any expenses incurred thereby shall be borne by the spouse.

For the purpose of this Section, the adopted of the deceased spouse and of the living spouse shall be deemed to be a child borne of the spouse.

Section 1580. The minor having been sui juris, the person exercising the parental right or the guardian can make a certificate to the management of the minor’s property after the property, account and documents as provided in Section 1587 have been obtained.

Section 1581. An action relating to the management of property between the minor and the person exercising parental power cannot be entered later than one year from the rime of the cessation of the right of management.

If the parental power ceases while the child is a minor, the period mentioned in paragraph one is computed from the time when the child becomes sui juris or has a new legal representative.

Section 1582. When the person exercising parental power is adjudged incompetent or quasi-incompetent, or abuses his or her parental power as regards the child’s person, or is guilty of gross misconduct,the Court may, of its own motion or on the application of a close relative of the child or of the Public Prosecutor, order the deprivation of the parental power either partly or wholly.

If the person exercising parental power is bankrupt or likely to endanger the minor’s property by mismanagement,  the  Court may,  upon  the same proceedings  as mentioned  in  the  paragraph one, order the deprivation of the right of management.

Section 1583. If the causes mentioned in the forgoing Section have ceased to exist, a person who has been partly or wholly deprived of parental power may recover it by permission of the Court on application made by him or by a relative of the minor.

Section 1584. A person who has been deprived partly or wholly of parental power is not thereby relieved from the duty to furnish maintenance to the minor according to law.

Section 1585. The father or mother would be entitled to conact his or her child , as may be suitable to the circumstances, irrespective of whether who is the person exercising the parental power or the guardian.