Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
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Parental rights (สิทธิของบิดามารดา, sitthi khong bida manda, also called parental rights and duties) are the legal prerogatives a parent holds over a child under Thai law: to exercise parental power, to have contact, to represent the child and to be consulted on the child’s future, with the duties of maintenance and protection that go with them. They are not granted by nationality or biology. They flow from legal parenthood, and for a foreign parent that is where the difficulty lies.
Table of Contents
Where parental rights come from in Thai law
The mother is always a legal parent. Under Section 1546 of the Civil and Commercial Code a child born to an unmarried woman is her legitimate child, so a foreign mother holds parental rights from birth, whatever the father’s status. The father is a legal parent if he was married to the mother, and otherwise only through legitimation under Section 1547: by later marrying the mother, by registering the child as his at the amphur with the consent of the mother and the child, or by a judgment of the Juvenile and Family Court. Under Section 1557 legitimation dates back to the child’s birth.
Once parenthood is established, the rights follow: parental power under Section 1566, the right of a parent who does not exercise parental power to visit the child under Section 1584/1, legal representation of the child, and mutual inheritance rights. The duties come with them: maintenance and education under Section 1564 while the child is a minor, and beyond that only for an adult child who is disabled and cannot earn a living. A father legitimated years after the birth owes them from the birth, since legitimation dates back to it (Section 1557): in Supreme Court Decision 7345/2560 the child recovered support from birth to the filing date in the same action that established paternity.
The foreign father’s position in practice
A foreign father not married to the Thai mother has, in law, no parental rights until he is legitimated, even if his name is on the birth certificate and he has supported the child since birth. The amphur route needs the mother’s and the child’s consent within 60 days of the registrar’s notice (180 days if abroad), and silence counts as refusal; the court route needs no consent but takes months. Even after legitimation, the mother or child can object within 90 days to the father exercising parental power. The steps are in the guide to legitimation of a father’s rights in Thailand.
The common mistake is waiting. A father who separates from the mother before legitimating has no standing to seek custody or visitation and cannot stop the child being taken abroad. Legitimation should be done while relations are good, and the arrangements on residence and contact written into a separation agreement.
Parental rights, custody and visitation compared
Parental rights describe the whole legal relationship; parental power is the part that involves control and representation; custody is the everyday word for who exercises parental power after separation; and visitation is what remains to the parent who does not. A parent can lose parental power under Section 1582 and still keep visitation and the duty of support. Parental power ends when the child comes of age at 20, or earlier on a valid marriage (Section 20). Adoption by another family ends the parental power of the birth parents, but the child keeps the rights and duties of the birth family, including inheritance (Section 1598/28).
Two international points matter. Thailand is a party to the Hague Convention on the Civil Aspects of International Child Abduction, so removing a child from Thailand against the other parent’s rights can be reversed through the courts. And a foreign parent of a Thai child may qualify for a Non-Immigrant O extension as the child’s parent, which depends on proof of legal parenthood, not on the birth certificate alone.
Last reviewed: 27 September 2026. Civil and Commercial Code sections 20, 1546 to 1549, 1557, 1564, 1566, 1582, 1584/1, 1598/21 and 1598/28 were read in Thai, with Supreme Court Decision 7345/2560 read to its disposition. The Hague Convention and Non-Immigrant O points were not re-checked in this review.
Frequently asked questions
Does a foreign father have parental rights in Thailand if he is not married to the mother?
Not until he is legitimated. A child born outside marriage is the legitimate child of the mother alone. The father acquires parental rights by marrying the mother, by registering legitimation at the district office with the consent of the mother and child, or by a court judgment under Section 1547, and the effect dates back to the child’s birth.
Can a foreign mother lose her parental rights in Thailand?
Only by court order. A mother holds parental rights from birth under Section 1546, and the Juvenile and Family Court can restrict or remove parental power under Section 1582 if the parent has been declared incompetent or quasi-incompetent, misuses the power over the child, or behaves badly. Being foreign, or living abroad, is not in itself a ground.
What rights does a parent without custody have in Thailand?
The right to visit and maintain contact with the child under Section 1584/1, the right to be heard on major decisions such as adoption, and the mutual right of inheritance. The parent also keeps the duty to pay child support under Section 1564 until the child turns 20, whether or not they see the child.
See also: parental power (Section 1566), legitimation (Section 1547), visitation rights, child support, and the guides to child custody in Thailand and child abduction in Thailand.
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