December 13, 2017

Cross Recognition of Thai- American Parentage

An Illinois court ruled in favor of a Thai woman recognising an American as her child’s father

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An Illinois Court has ordered a man to pay child support in Thailand to triplets he had fathered through assisted conception methods.

Justice Lampkin of the Circuit Court of Cook County ruled in accordance with a judgment order from Thailand recognizing Harlow to be the biological father of triplets conceived by gamete intrafallopian transfer (GIFT) and imposed child support obligations on him.

The mother, Wipaporn T. petitioned the Circuit Court of Cook County to recognize and enroll the Thai judgment under the principles of comity.

Harlow tried to get the petition dismissed under  claims that it contradicted an Illinois Parentage law that does not recognize sperm donors as fathers. However, Harlow had signed the consent form for the transfer under “husband”. Wipaporn also submitted photographs showing Harlow and herself participating in a traditional Thai marriage.

The Illinois court ruled that since Harlow had acted like the father prior to conception and had “plans to claim the three boys as dependents, take tax deductions for his support payments to them and enable them to access their rights of U.S. citizenship,” he must support the three children.

Related topics:

Thailand Paternity Right

Thailand Child Support

Israel May Consider Both Spouses’ Incomes in Cases of Child Support

The recommendation was submitted to the Supreme Court by Attorney General Avichai Mendelblit

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In a first of its kind, a recommendation was sent to the Supreme Court by Attorney General Avichai Mendelblit in which he suggests that in cases of child support, not only should the father’s income be considered, but also the mother’s.

In his opinion Mendelblit said, as quoted by Haaretz, “There is room for flexible thinking with regard to the father’s obligation to pay child support in cases of joint custody. In appropriate instances, there is room for considering the incomes of both parents when ruling on child support.”

Under the current Jewish law, the father is fully responsible in providing for his children regardless of whether he and his estranged spouse share joint custody or if she earns more than him.

Head of the Justice Ministry’s Jewish law department Dr. Michael Vigoda also wrote an opinion on the matter saying that the mother’s income should be taken into account when deciding child support for children above the age of 6.

The entire recommendation took place in front of a seven-justice panel on Tuesday.

Under Thailand’s child support law, child support cases are decided by considering relevant income of both the parents.

Read more here

Related articles:

Thailand Child Support Law