Section 1546 — Child born outside marriage
Statutory text (Thai original)
แก้ไขเพิ่มเติมโดยพระราชบัญญัติแก้ไขเพิ่มเติมประมวลกฎหมายแพ่งและพาณิชย์ (ฉบับที่ ๑๙) พ.ศ. ๒๕๕๑ [224]
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
A child born of a woman who is not married to a man is deemed to be the legitimate child of such woman.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1546 is the starting position for unmarried-mother children in Thailand: legally, only the mother is a parent. The biological father has no automatic rights, no parental power, no automatic inheritance claim by the child. To gain legal recognition, the father must use one of the §1547 legitimation routes (marriage to mother, recognition with consent, or court order). Two practical implications: (1) an unmarried foreign father who fathered a Thai-born child has no legal say in the child's upbringing until legitimation; (2) child has no inheritance claim against the father's estate unless legitimated or expressly named in his will.
Why this matters in practice
For lawyers: a child born to an unmarried woman has no legal father until one of the three legitimation routes under §1547 is completed; advise fathers to register paternity promptly if they wish to exercise parental power. For clients: if you are the biological father but were not married to the mother at birth, you must take a formal legal step to establish your legal relationship with your child.
Legislative history
Section 1546 has applied since the B.E. 2519 revision and reflects the principle that maternity is established by birth. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, does not alter §1546 but affects related provisions on parentage where same-sex married couples are involved.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3780/2543 (2000)
Without legitimation, an unmarried biological father has no parental power or maintenance duty towards the child.
A child born to a woman who was not married to the child's biological father is the mother's legitimate child under §1546; the father has no parental power or maintenance obligation unless legitimation has occurred.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.