February 23, 2018

Cross Recognition of Thai- American Parentage

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

triplet-babys-in-stroller

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

Equal Rights to Child Custody for Missouri Man

The state of Missouri passed a new child custody law which gives the parents equal rights to child custodyfathers-day-822550_960_720

A new law was passed in Missouri on Friday by Governor Jay Nixon and championed by State representative Kathy Swan.

The new shared-parenting law aims to equalize the amount of time parents spend with their children. Swan, in her address to the legislative assembly, spoke of the vast disparity between the duration of time children spent with their dads in comparison to their mothers.

On the other hand, Thailand Child Custody law does not favor women over men in custody decisions according to Thai attorney, Jiraporn Thongphong.  However, in practice women are often found more suitable in custody decisions due to the men’s full time work schedule.

To read more click here

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Thailand Paternity Rights

paternity rights thailandThailand law requires that paternity be established either by marriage to the mother prior to the mother giving birth to the child or, through court action. In certain limited circumstances, paternity can also be obtained by an administration legal process. In this regard, a man may be the biological father and have established a relationship with his child, but without having met the necessary legal requirements, may lack the legal rights of a lawful father over his child.

Q: Why are paternity rights important?

A: Paternity rights can be extremely important in court cases deciding child custody or child support issues. A father may decide to move to establish Thailand paternity rights in order to gain partial or full custody over a child. A mother may move to establish the paternity of a father in order to gain child support payments. On the other hand, in some cases, men seek to defend against being ruled as a legal father, and would therefore fight against a paternity case.

Q: What is Thailand paternity law?

A: In summary, a child born to parents that are married to each other is considered the legitimate child of the husband and wife. A child born out of wedlock is, in general, considered the legitimate child of the mother. Accordingly, a birth mother’s legal rights are automatic but the father’s rights are not. A common misconception is that a father’s name on a birth certificate establishes paternal rights, but this claim is incorrect.

Q: Do foreign parents of Thai children have paternity rights?

A: For children born in Thailand, the law for foreign fathers is basically the same as it applies to paternity rights of a Thai father. In order to have rights to one’s child, the father must either be married to the mother or file for paternity rights. In international cases, issues of conflict of laws may arise, and foreign law may become relevant.

Q: What about adoption?

A: In the course of the adoption process, the legal rights of the adoptive parents to a child are established via adoption procedures. The Thailand Adoption process is often used by spouses who are not the biological or birth parents of their spouse’s child.

Q: Is citizenship important?

A: A Foreign parent may establish that their children born to Thai national spouse are citizens of the foreign spouse’s home country. In establishing citizenship, each nation usually will have its own legal requirements. This is normally done through the relevant embassy in Thailand. Careful consideration should be given to establishing dual citizenship of bi-national children, as it can have far-reaching effects.

Thailand Family Lawyers

Q: How is paternity proven in Thailand outside of marriage?

Establishing paternity outside of marriage involves filing court petition and obtaining a court order. Establishing paternity rights of the foreign father, pursuant to foreign (non-Thai) law may have different procedures. Each country has its own nationality and citizenship law. Foreigners residing in Thailand normally carry out this procedure through their embassy.