RIGHTS AND STATUS OF ILLEGITIMATE CHILDREN UNDER THAI FAMILY AND SUCCESSION LAW

Kamonwan Yoowattana

ABSTRACT:

This article aims to investigate the legal rights and status of illegitimate children under family and succession law. According to the study, Thai family law certifies and protects the rights as well as status of children who were born from the parents with marriage through registration by assuming that they are the legitimate children of the husband or the mother's ex-husband. However, the same protection to the rights and status does not be provided for illegitimate children, particularly children whose fathers certify by actions. Law of succession contains provisions establishing the right of blood relationship children either those legally born or illegitimate children whose fathers certify by actions. They have the legal right to inherit their father's estate. Both type of children is able to receive the same portion of the inheritance, and they shall represent for the purpose of receiving inherence if their fathers who have been the heirs were dead or have been excluded before or after death of the de cujus. The author proposes to modify the relationship between father, mother and children in family law to legally certify that direct blood children born from unmarried men and women are the legal children of the father who present the practical certification of their children.

KEYWORDS: Rights, Status, Illegitimate Children

DOI: 10.62788/g9H3v1K4mY

PUBLISHED IN: ICMIESS 2023 Conference Proceedings

DATE OF CONFERENCE: 1st - 2nd MAY 2023

CONFERENCE LOCATION: OKINAWA, JAPAN

PUBLISHER: EDUCATION STUDIO (THAILAND) CO., LTD.

ELECTRONIC ISBN: 978-616-7901-68-8

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