Sumit Patel
Asked September 21, 2016

Citizenship of baby out of wedlock

  • 1 Answer
  • 431 Views

Dear Sir I am Indian and having Girlfriend in Thailand and we have one baby. We are not married and not willing to marry too. I want to know if Thai government Legitimate my Child in Thailand and declare me as father can he have all right of son in India too. Will Indian Government give him all right of son

Answer 1

According to S. 1546 of the Civil and Commercial Code of Thailand [1](herein referred to as CCC), child born of a woman who is not married to a man is deemed to be the legitimate child of such woman. Hence, the baby is automatically deemed to be the legitimate child of your girlfriend as per the laws of Thailand. S. 1547 of CCC [2]provides three options for the legitimating of the baby for you:

  • subsequent marriage of the parents, you and your girlfriend in this case; or
  •  by the registration made on application by the father (requiring the consent of both your girlfriend and the child); or
  • by a judgment of the Court.
  • However, India does not recognize dual citizenship. For your son to enjoy the rights in India, he has to be registered as a citizen of India by the diplomatic or consular representative of India in Thailand, as provided under Article 8 of the Constitution of India, 1949[3]. Your son would successfully be granted Indian citizenship only if he relinquishes his citizenship in Thailand.

     

     

     

     

    [1] Available at: https://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1535

    [2] Ibid.

    [3] Available at: https://indiankanoon.org/doc/691208/

    Agree Comment 0 Agrees about 4 years ago

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