Court application to declare paternity
Documents and approach for a Juvenile and Family Court application when district-office legitimation is not possible, under sections 1548 and 1555 of the Civil and Commercial Code.
Where the child or the mother cannot or will not consent, section 1548 allows the father to apply to the court, and the child or the child's legal representative may separately sue to have the child declared legitimate on the grounds listed in section 1555.
These cases fall to the Juvenile and Family Court, which weighs evidence such as cohabitation during the period of conception, public acknowledgment of paternity, records of support, photographs, messages, and scientific testing where a party requests it.
A successful judgment makes the child the father's legitimate child. The judgment, with a certificate that it is final, is then presented to the district registrar for the civil-registration entry. The resulting file is often reused for visas, social-security entitlements or later inheritance matters.
If a party is abroad, documents signed overseas — a power of attorney to a Thai lawyer, or a consent statement — must be notarised in that country and legalised by the Royal Thai Embassy or Consulate before they are filed in the case.
Documents to prepare
- The child's birth certificate and house registration
- ID cards or passports of the applicant and the parties involved
- Relationship evidence such as photographs, messages and records of financial support
- Power of attorney to the lawyer, notarised and legalised if signed abroad
- Scientific test results from an institute the court accepts, where requested
- Certified Thai translations of every foreign document
Certification order
- Assess the grounds under section 1555 and gather the evidence
- Draft and file the complaint or petition with the competent Juvenile and Family Court
- Conduct the proceedings, including scientific testing if the court permits
- Receive the judgment and request the certificate that it is final
- Present the judgment to the district registrar for the civil-registration entry
- Translate and legalise the judgment set if it will be used abroad
Pre-filing checklist
- Confirm every foreign document is notarised and legalised before filing
- Line up witnesses who can actually speak to the relationship
- Do not assume court timelines; follow the court's own orders and notices
- Keep several certified copies of the judgment and the finality certificate
Frequently asked questions
Who can sue to have a child declared legitimate?
Under section 1555 the child or the child's legal representative may sue on the statutory grounds, while a father whose legitimation was blocked applies under section 1548.
Can the court order DNA testing?
The court decides case by case on the parties' requests. Scientific testing is one form of evidence the court may rely on; it is not required in every case.
Which court hears the case?
The Juvenile and Family Court with jurisdiction over the parties' domicile. Confirm jurisdiction with the court or your lawyer before filing to avoid the case being struck out.
Must a father living abroad attend in person?
A lawyer can generally act under a power of attorney, though the court may still want the party to appear or testify at some stage. A power of attorney signed abroad must be notarised and legalised by the Royal Thai Embassy first.
Is a further step at the district office needed after judgment?
Yes. Updating the civil registration is separate from the judgment; submit the judgment together with the certificate of finality to the registrar.
Can a Thai judgment be used abroad directly?
It must be translated, legalised by the Department of Consular Affairs and then handled as the destination embassy requires. Whether the judgment is recognised abroad depends on that country's law.
The mother has died — is legitimation still possible?
Because she cannot give the consent section 1548 requires, the route is a court application to the Juvenile and Family Court for a judgment in place of that consent.
How does this differ from a custody case?
A paternity case decides legal fatherhood; a custody case decides who exercises parental power under section 1566. They can be filed together or separately depending on the facts.
For a document review before filing with a registrar or court, contact LINE @nycli, phone +66-83-249-4999 or email nycli@ilc.ltd. Our team will confirm the steps, anything still missing and a realistic timeline.