Book 5: Family
Marriage, divorce, prenuptial agreements, parental rights, custody, adoption: updated for the 2024 Marriage Equality Act.
Sections 1435 to 1598/41 · 215 sections in the official text
Last reviewed: 12 October 2026
Start here: Marriage, divorce and children
Amendments recorded for this Book
- Marriage Equality Act (Civil & Commercial Code Amendment No. 24), B.E. 2567 (2024) , in force 23 January 2025. Sections: 1448, 1458, 1461, 1465, 1466, 1469, 1471, 1474, 1476, 1480, 1490, 1496, 1501, 1516, 1523, 1526, 1533, 1598/19
The list above is built from the amendment notes on our section pages.
Other amending instruments
- Act Amending the Civil and Commercial Code (No. 25) B.E. 2568 (2025). Sections: 1567
- Act Amending the Civil and Commercial Code (No. 24) B.E. 2567 (2024) (further sections). Sections: 1435, 1437, 1439, 1440, 1441, 1442, 1443, 1445, 1446, 1447/1, 1449, 1450, 1452, 1453, 1460, 1462, 1463, 1470, 1475, 1476/1, 1477, 1479, 1481, 1482, 1483, 1484, 1484/1, 1485, 1486, 1487, 1488, 1489, 1491, 1492, 1492/1, 1493, 1498, 1499, 1504, 1508, 1510, 1515, 1517, 1520, 1522, 1530, 1532, 1536, 1537, 1538, 1539, 1541, 1542, 1543, 1544, 1545, 1598/15, 1598/17, 1598/38
- Act Amending the Civil and Commercial Code (No. 19) B.E. 2551 (2008). Sections: 1546, 1555, 1557, 1598/37
- Act Amending the Civil and Commercial Code (No. 10) B.E. 2533 (1990). Sections: 1436, 1447, 1447/1, 1447/2, 1464, 1464/1, 1476/1, 1480, 1492, 1495, 1496, 1497, 1497/1, 1498, 1499, 1499/1, 1500, 1520, 1521, 1538, 1540, 1544, 1545, 1548, 1550, 1552, 1553, 1566, 1569/1, 1574, 1580, 1584/1, 1585, 1586, 1587, 1588, 1589, 1590, 1591, 1592, 1593, 1598/6, 1598/7, 1598/8, 1598/16, 1598/18, 1598/19, 1598/21, 1598/22, 1598/23, 1598/24, 1598/25, 1598/26, 1598/27, 1598/31, 1598/33, 1598/35
Source: footnotes in the consolidated text published by the Office of the Council of State (version in force 25 March 2025). Each instrument is listed with the sections whose current wording it gave; amendments later replaced by another instrument are not shown. English names are our translation, not yet reviewed by the firm.
Annotated sections in this Book
Title 1: Marriage
Chapter 1: Betrothal
- §1435Minimum age for a betrothalA betrothal may be made only when both parties have completed their eighteenth year of age. A betrothal made in breach of that requirement is…
- §1436Consent required for a minor's betrothal Draft heading, not yet reviewed by the firmA minor may betroth only with the consent of both parents, or the surviving or able parent, or the adopter, or otherwise a guardian, according… Draft, not yet reviewed by the firm
- §1437Khongman and sinsodA betrothal is complete when the betrothing party delivers or transfers the khongman to the betrothed party as evidence of the intention to marry; it… Draft, not yet reviewed by the firm
- §1438No compulsion to marry and penalty clauses Draft heading, not yet reviewed by the firmA betrothal gives no ground for asking the court to compel a marriage. Any agreement to pay a penalty for breach of the betrothal is… Draft, not yet reviewed by the firm
- §1439Breaking off a betrothalIf one party breaches the betrothal agreement, the other may claim compensation. Where the betrothed party is the one in breach, the khongman must also… Draft, not yet reviewed by the firm
- §1440What compensation may be claimedCompensation may be claimed for harm to body or reputation, for money spent or debts reasonably and in good faith incurred in preparing for the… Draft, not yet reviewed by the firm
- §1441Death of a betrothed partyIf one betrothed party dies before the marriage, the other cannot claim compensation. Whichever party dies, the betrothed party or that party's side need not… Draft, not yet reviewed by the firm
- §1442Renouncing for a cause on the betrothed sideWhere a material cause on the betrothed party's side makes it improper for the betrothing party to marry them, the betrothing party may renounce the… Draft, not yet reviewed by the firm
- §1443Renouncing for a cause on the betrothing sideWhere a material cause on the betrothing party's side makes it improper for the betrothed party to marry them, the betrothed party may renounce the… Draft, not yet reviewed by the firm
- §1444Liability for gross misconduct after betrothal Draft heading, not yet reviewed by the firmIf a betrothed party renounces the betrothal because of the other's gross misconduct committed after the betrothal, the party guilty of it must pay compensation… Draft, not yet reviewed by the firm
- §1445Compensation from a third partyAfter renouncing the betrothal under section 1442 or 1443, a betrothed party may claim compensation from a person who had sexual intercourse with their betrothed,… Draft, not yet reviewed by the firm
- §1446Compensation where the betrothed is rapedA betrothed party may claim compensation from a person who raped or attempted to rape their betrothed, knowing or having reason to know of the… Draft, not yet reviewed by the firm
- §1447Assessment and transfer of betrothal compensation claims Draft heading, not yet reviewed by the firmThe court decides compensation under this Chapter according to the circumstances. Apart from compensation under section 1440 (2), these claims cannot be transferred and do… Draft, not yet reviewed by the firm
- §1447/1Time limits for betrothal compensation claimsClaims for compensation under sections 1439, 1444, 1445 and 1446 each prescribe after six months. The period runs from the breach under section 1439, or… Draft, not yet reviewed by the firm
- §1447/2Prescription of claims to return the khongman Draft heading, not yet reviewed by the firmA claim to return the khongman under section 1439 prescribes six months after the breach of the betrothal agreement. A claim under section 1442 prescribes… Draft, not yet reviewed by the firm
Chapter 2: Conditions for Marriage
- §1448Minimum age to marryMarriage requires both parties to be 18 or older. Below that age, a court order is required. The 2024 Marriage Equality Act both raised the…
- §1449Mental capacity to marryA marriage cannot be made where either person is of unsound mind, or is a person whom the court has adjudged incompetent. A marriage made…
- §1450Prohibited degrees of relationshipTwo people who are blood relatives in a direct line, ascending or descending, or who are brothers or sisters of full or half blood, cannot… Draft, not yet reviewed by the firm
- §1451Prohibition on marriage between adopter and adopted Draft heading, not yet reviewed by the firmAn adopter and the adopted child cannot marry each other. The prohibition is stated in absolute terms, and the section sets out no exception, condition… Draft, not yet reviewed by the firm
- §1452No marriage while already marriedA person who is already validly married cannot enter into another marriage. A second marriage during the first is void.
- §1453The 310 day waiting periodA woman whose marriage has ended by her spouse's death or otherwise may remarry only after at least 310 days have passed since it ended.… Draft, not yet reviewed by the firm
- §1454Marriage of a minor Draft heading, not yet reviewed by the firmWhen a minor marries, the provisions of section 1436, which deal with the consent needed for a minor's betrothal, apply by analogy to the marriage… Draft, not yet reviewed by the firm
- §1455How consent to a marriage is given Draft heading, not yet reviewed by the firmConsent to a marriage may be given only by signing the register at the time of registration, by a signed written consent naming both intended… Draft, not yet reviewed by the firm
- §1456Court permission for a minor to marry Draft heading, not yet reviewed by the firmIf no one has power to give consent under section 1454, or that person refuses or cannot consent, or the minor in the circumstances cannot… Draft, not yet reviewed by the firm
- §1457Marriage by registration onlyA marriage under this Code takes effect only once it has been registered. Religious or customary ceremonies alone do not create a legal marriage in…
- §1458Consent of the two persons marryingA marriage can be made only if the two persons consent to be spouses of each other, and that consent must be declared openly before…
- §1459Marriage abroad involving a Thai national Draft heading, not yet reviewed by the firmA marriage abroad between two Thai nationals, or where one is Thai, may follow either the form prescribed by Thai law or that of the… Draft, not yet reviewed by the firm
- §1460Marriage in danger of death or in warWhere imminent danger of death, combat or war makes registration impossible, the couple may declare their intention to marry before an adult present, who records… Draft, not yet reviewed by the firm
Chapter 3: Relations between Spouses
- §1461Duty to live together and maintainSpouses must cohabit and support each other according to their ability and their condition in life.
- §1462Court order to live apartIf spouses cannot live together in normal happiness, or living together would endanger body or mind or seriously destroy well-being, the affected spouse may ask… Draft, not yet reviewed by the firm
- §1463Spouse as guardian or curatorWhere the court declares one spouse incompetent or quasi-incompetent, the other spouse is the guardian or curator. On the application of an interested person or… Draft, not yet reviewed by the firm
- §1464Maintenance and protection of a spouse of unsound mindWhere a spouse is of unsound mind and the other fails to maintain them under section 1461 paragraph two, or acts or omits so as… Draft, not yet reviewed by the firm
- §1464/1Provisional measures in proceedings under section 1464 Draft heading, not yet reviewed by the firmDuring proceedings under section 1464, the court may on application order provisional measures for the maintenance or protection of the spouse of unsound mind. In… Draft, not yet reviewed by the firm
Chapter 4: Property of Spouses
- §1465Default marital property regimeWhere the spouses made no special agreement about property before the marriage, this Chapter governs the property relations between them. Separately, a clause in a…
- §1466Prenup, limits on what can be agreedA prenuptial agreement is void unless its terms are entered in the marriage register at the time of registration, or it is made in writing,… Draft, not yet reviewed by the firm
- §1467An ante-nuptial agreement can be changed only by court orderOnce the marriage has taken place, the parties cannot alter or cancel their ante-nuptial agreement between themselves. Only the court can authorise a change. Where…
- §1468An ante-nuptial agreement does not bind third parties in good faithThe clauses of an ante-nuptial agreement have no effect on the rights of third persons who act in good faith. That holds whether or not…
- §1469Avoiding an agreement made between spousesEither spouse may avoid an agreement about property made between them during the marriage, at any time while they are spouses or within one year… Draft, not yet reviewed by the firm
- §1470Marital property definedProperty held between spouses is marital property (sin somros), unless it has been set apart as personal property (sin suan tua), in which case it… Draft, not yet reviewed by the firm
- §1471Sin Suan Tua, separate propertyProperty that each spouse owned before the marriage, personal-use items and professional tools, property acquired during the marriage by inheritance or by gift, and the…
- §1472Separate property remains separate when exchanged, sold or reinvestedSin Suan Tua, or personal property, does not lose its character by changing form. If it is exchanged for other property, if other property is…
- §1473Management of personal property Draft heading, not yet reviewed by the firmUnder this section, each spouse is the manager of their own personal property (sin suan tua), so that management rests with the spouse to whom… Draft, not yet reviewed by the firm
- §1474Sin Somros, marital propertySin Somros (marital property) is property acquired by either spouse during the marriage, property received during the marriage by will or written gift that declares…
- §1475Adding a spouse's name to the title documentWhere marital property is of a kind listed in section 456, or is evidenced by a document, either spouse may apply to have their own… Draft, not yet reviewed by the firm
- §1476Acts needing both spouses' consentCertain major transactions over Sin Somros require joint management or the other spouse's consent; under Section 1480 a transaction made by one spouse alone or…
- §1476/1Varying the management rules by prenuptial agreementSpouses may manage marital property differently from section 1476, wholly or partly, only if they made a prenuptial agreement under sections 1465 and 1466, and… Draft, not yet reviewed by the firm
- §1477Suing to protect the marital propertyEither spouse may sue, defend or conduct proceedings to preserve and maintain the marital property or for its benefit, and debts arising from those proceedings… Draft, not yet reviewed by the firm
- §1478Court permission where a spouse refuses consent Draft heading, not yet reviewed by the firmWhere one spouse must consent or sign with the other in managing property but unreasonably refuses, or cannot consent, the other spouse may apply to… Draft, not yet reviewed by the firm
- §1479Consent must be in writingWhere an act by one spouse needs the other's joint consent, and the law requires that act to be in writing or registered with the… Draft, not yet reviewed by the firm
- §1480Revoking a juristic act done without the other spouse's consentWhere the management of Sin Somros requires joint action or the other spouse's consent under Section 1476 and one spouse acts alone or without that…
- §1481No will over more than your own shareNeither spouse has the power to dispose of marital property by will to any person beyond that spouse's own share. The limit applies whoever the… Draft, not yet reviewed by the firm
- §1482Household management where one spouse manages the propertyEven where one spouse alone manages the marital property, the other may still manage the household and provide family necessaries suited to their circumstances, and… Draft, not yet reviewed by the firm
- §1483Injunction against a damaging act of managementWhere one spouse alone has power to manage the marital property and is doing, or about to do, an act of management that can be… Draft, not yet reviewed by the firm
- §1484Taking over or separating the marital propertyIf the managing spouse causes serious damage, fails to maintain the other, is insolvent or owes more than half the marital property, obstructs the other's… Draft, not yet reviewed by the firm
- §1484/1Revoking a restriction on managementWhere the court has prohibited or restricted a spouse's management of marital property under section 1482, 1483 or 1484 and the cause or circumstances later… Draft, not yet reviewed by the firm
- §1485Applying to manage a particular itemEither spouse may apply to the court to be the manager of a particular item of marital property, or to join in managing it, if… Draft, not yet reviewed by the firm
- §1486Entry of the court's order in the marriage registerWhen a final judgment or order in the applicant's favour is made under the listed sections (1482 paragraph two, 1483, 1484, 1484/1, 1485, 1491, 1492/1… Draft, not yet reviewed by the firm
- §1487No seizure of a spouse's property during the marriageDuring the marriage, neither spouse may seize or attach the other's property, except in actions this Code specially allows between spouses to perform duties or… Draft, not yet reviewed by the firm
- §1488Paying a spouse's personal debtWhere a spouse is personally liable for a debt incurred before or during the marriage, it is paid first from that spouse's personal property and,… Draft, not yet reviewed by the firm
- §1489Paying a joint debtWhere the spouses are joint debtors, the debt is paid out of both the marital property and the personal property of each of the two… Draft, not yet reviewed by the firm
- §1490Which debts are joint debtsA debt incurred by one spouse alone during the marriage is also a joint debt in these four cases: debts for managing the household and…
- §1491Bankruptcy separates the marital propertyIf a spouse is adjudged bankrupt, the marital property is separated by operation of law, without any further step, from the date of the court's… Draft, not yet reviewed by the firm
- §1492Effect of separating the marital propertyOnce marital property is separated under the sections named, the separated parts become each spouse's personal property, and anything either acquires afterwards is that spouse's… Draft, not yet reviewed by the firm
- §1492/1Revoking the separation of marital propertyWhere the court separated the marital property, either spouse may ask the court to revoke the separation. If the other spouse objects, the court may… Draft, not yet reviewed by the firm
- §1493Household expenses where there is no marital propertyWhere there is no marital property left, the spouses must share the household expenses in proportion to the amount of their respective personal property, so… Draft, not yet reviewed by the firm
Chapter 5: Voidness of Marriage
- §1494Marriages that are void Draft heading, not yet reviewed by the firmA marriage is void only in the cases provided in this Chapter on void marriages. A marriage cannot be treated as void on any ground… Draft, not yet reviewed by the firm
- §1495Marriages void for contravening listed sections Draft heading, not yet reviewed by the firmA marriage made in contravention of section 1449, 1450, 1452 or 1458 is void. The section lists these four provisions as the ones whose breach… Draft, not yet reviewed by the firm
- §1496Who may seek a judgment declaring a marriage void Draft heading, not yet reviewed by the firmA marriage that contravenes Section 1449, 1450 or 1458 can be declared void only by a court judgment. The spouses, their parents or descendants may…
- §1497Challenging a marriage void under section 1452 Draft heading, not yet reviewed by the firmAny interested person may raise, or apply to the court for a judgment declaring, that a marriage made in contravention of section 1452 is void. Draft, not yet reviewed by the firm
- §1497/1Notifying the registrar of a void marriage Draft heading, not yet reviewed by the firmWhere a court judgment declaring a marriage void becomes final, the court must notify the registrar so the voidness is entered in the marriage register. Draft, not yet reviewed by the firm
- §1498No property relationship from a void marriageA void marriage creates no property relationship between the spouses. Each keeps the property they had or acquired, with its fruits, and jointly earned property… Draft, not yet reviewed by the firm
- §1499Rights of a person who married in good faithA void marriage does not strip a spouse who married in good faith of rights acquired through it before the relevant cut-off, though under section… Draft, not yet reviewed by the firm
- §1499/1Parental power and child maintenance on void marriage Draft heading, not yet reviewed by the firmWhere a marriage is void, the spouses' agreement on who exercises parental power over each child, and who pays child maintenance and how much, must… Draft, not yet reviewed by the firm
- §1500Void marriage and the rights of third persons in good faithA void marriage does not prejudice rights acquired by third persons who acted in good faith before the voidness was entered in the marriage register… Draft, not yet reviewed by the firm
Chapter 6: Termination of Marriage
- §1501Marriage ends by death, divorce or annulmentA marriage comes to an end in only three ways: the death of a spouse, divorce, or cancellation by the court. The list is exhaustive,…
- §1502End of a voidable marriage Draft heading, not yet reviewed by the firmA voidable marriage comes to an end upon its cancellation by a judgment of the court; it does not end merely because a ground for… Draft, not yet reviewed by the firm
- §1503Grounds for cancelling a voidable marriage Draft heading, not yet reviewed by the firmA court may be asked to cancel a marriage as voidable only where the spouses have contravened section 1448, 1505, 1506, 1507 or 1509; no… Draft, not yet reviewed by the firm
- §1504Annulment of an underage marriageA marriage voidable under section 1448 may be annulled on application by an interested person, but a parent or guardian who consented cannot apply. If… Draft, not yet reviewed by the firm
- §1505Marriage made through mistaken identity Draft heading, not yet reviewed by the firmA marriage made because one spouse was mistaken as to the other's identity is voidable. The right to apply for cancellation on that ground ends… Draft, not yet reviewed by the firm
- §1506Marriage induced by fraud Draft heading, not yet reviewed by the firmA marriage is voidable if a spouse was induced by fraud so serious that they would not otherwise have married. This does not apply where… Draft, not yet reviewed by the firm
- §1507Marriage induced by duress Draft heading, not yet reviewed by the firmA marriage is voidable if a spouse was coerced so seriously that they would not otherwise have married. The right to seek cancellation ends one… Draft, not yet reviewed by the firm
- §1508Annulment for mistake, fraud or duressWhere a marriage is voidable for mistaken identity, fraud or duress, only the affected spouse may apply for annulment. If that spouse is incompetent or… Draft, not yet reviewed by the firm
- §1509Marriage without required consent Draft heading, not yet reviewed by the firmA marriage made without the consent of the persons mentioned in section 1454 is voidable, not void, and so is subject to cancellation by the… Draft, not yet reviewed by the firm
- §1510Annulment for want of consentWhere a marriage is voidable for want of consent under section 1454, only a person who could have given that consent may apply for annulment.… Draft, not yet reviewed by the firm
- §1511Effect of a judgment cancelling a marriage Draft heading, not yet reviewed by the firmA marriage cancelled by judgment is treated as ended on the day the judgment becomes final. It cannot be set up against third parties acting… Draft, not yet reviewed by the firm
- §1512Consequences of cancellation follow those of judicial divorce Draft heading, not yet reviewed by the firmThe provisions on the consequences of divorce by court judgment apply by analogy to the consequences of cancelling a marriage, with the necessary changes made… Draft, not yet reviewed by the firm
- §1513Liability of a spouse who knew of voidability Draft heading, not yet reviewed by the firmA spouse sued for cancellation who knew of the ground for voidability must compensate the other for harm to body, reputation or property, as section… Draft, not yet reviewed by the firm
- §1514Divorce by mutual consentDivorce is possible only by mutual consent or by court judgment. A divorce by mutual consent must be in writing and signed by at least…
- §1515Registration of a consensual divorceWhere a marriage has been registered under the Code, a divorce by mutual consent is complete only once the spouses have registered the divorce; agreement… Draft, not yet reviewed by the firm
- §1516Grounds for divorceSection 1516 sets out twelve grounds for a divorce action; most turn on the other spouse's conduct, but some, such as separation, disappearance, unsoundness of…
- §1517Consent, connivance and trivial breachesA spouse who consented to or connived at the conduct behind grounds (1) or (2) of section 1516 cannot rely on it, nor can a… Draft, not yet reviewed by the firm
- §1518Forgiveness extinguishes the right to sue for divorceA spouse who has a ground for divorce loses the right to sue on it if he or she does anything showing forgiveness of the…
- §1519Divorce where a spouse is of unsound mindWhere a spouse is of unsound mind and a ground for divorce arises, the persons who may apply under section 28 may sue for divorce… Draft, not yet reviewed by the firm
- §1520Parental power after divorceOn a divorce by mutual consent, the spouses agree in writing which of them exercises parental power over each child, failing which the court decides.… Draft, not yet reviewed by the firm
- §1521Changing the person exercising parental power Draft heading, not yet reviewed by the firmIf the person exercising parental power, or the guardian, under section 1520 behaves improperly or circumstances change, the court may replace them, with the child's… Draft, not yet reviewed by the firm
- §1522Child maintenance after divorceOn a divorce by mutual consent, the spouses agree in the divorce agreement how much one or both will pay towards the children's maintenance. If… Draft, not yet reviewed by the firm
- §1523Compensation on divorce for adulteryWhere the court grants a divorce on the ground in Section 1516(1), the wronged spouse may claim compensation from the other spouse and from the…
- §1524Compensation where a spouse provoked the ground for divorceWhere a ground for divorce under Section 1516 (3), (4) or (6) arose because the party at fault deliberately behaved so as to make life…
- §1525How the court fixes compensation on divorceCompensation under Sections 1523 and 1524 is fixed by the court according to the circumstances, and the court may order it paid in a single…
- §1526Maintenance to ex-spouse after divorceAfter a divorce granted on a ground that arose from the fault of one spouse only, the other may claim a living allowance if the…
- §1527Living allowance on divorce for insanity or serious disease Draft heading, not yet reviewed by the firmIf divorce is granted on the ground of insanity (section 1516 (7)) or a serious communicable disease (section 1516 (9)), the other spouse must pay… Draft, not yet reviewed by the firm
- §1528Loss of living allowance on remarriage Draft heading, not yet reviewed by the firmIf the person receiving a living allowance remarries, the right to receive it ends. The allowance therefore stops once the recipient has entered a new… Draft, not yet reviewed by the firm
- §1529One-year limit on divorce claims based on certain groundsA right of action based on Section 1516 (1), (2), (3) or (6), or on Section 1523, is extinguished one year after the claimant knew…
- §1530Temporary orders during a divorce caseWhile a divorce action is pending, the court may on either party's application make temporary orders as it sees fit, for example on the marital… Draft, not yet reviewed by the firm
- §1531When a divorce takes effectFor a marriage registered under the law, a divorce by mutual consent takes effect from the time the divorce is registered, not from the date…
- §1532Dividing property on divorceAfter a divorce the spouses' property is divided. On a divorce by mutual consent, it is divided as it stood at the time the divorce… Draft, not yet reviewed by the firm
- §1533Marital property divided equallyOn divorce, the Sin Somros is divided equally between the spouses.
- §1534Sin Somros disposed of to injure the other spouse is added backWhere a spouse has disposed of Sin Somros for his or her sole benefit, or with intent to injure the other, or without a consent…
- §1535Common debts are shared equally when the marriage endsOn the termination of the marriage, the spouses are liable for their common debts in equal shares. The rule applies to debts for which they…
Title 2: Parent and Child
Chapter 1: Parents
- §1536Presumption of legitimacyA child born during a marriage, or within 310 days after its termination, is presumed to be the legitimate child of the man who is,…
- §1537Child born after a remarriage in breach of Section 1453Where a woman remarries in breach of section 1453 and gives birth within 310 days of her previous marriage ending, the child is presumed the… Draft, not yet reviewed by the firm
- §1538Legitimacy where a second marriage is voidWhere a marriage is made in breach of section 1452, a child born during it is presumed the legitimate child of the husband in the… Draft, not yet reviewed by the firm
- §1539Action to repudiate a childA man presumed to be a child's father under section 1536, 1537 or 1538 may repudiate the child by suing the child and mother together… Draft, not yet reviewed by the firm
- §1540This section has been repealed.
- §1541Barred from repudiating a child he registeredA man who is or was a spouse cannot sue to repudiate a child under section 1539 if he himself notified the child's birth in… Draft, not yet reviewed by the firm
- §1542Time limits to repudiate a childAn action to repudiate a child must be brought within one year of the man knowing of the birth, and never after ten years from… Draft, not yet reviewed by the firm
- §1543Substitution where the claimant diesIf a man who has sued to repudiate a child dies before the case is final, a person entitled to inherit alongside the child, or… Draft, not yet reviewed by the firm
- §1544Repudiation by an affected heirA person who would inherit with the child, or lose inheritance through the birth, may sue to repudiate the child if the man died before… Draft, not yet reviewed by the firm
- §1545Child denying legitimacy through the prosecutorA child who learns they are not the blood child of their mother's spouse may ask the public prosecutor to bring an action denying legitimacy.… Draft, not yet reviewed by the firm
- §1546Child born outside marriageA child born to a woman who is not married to a man is deemed to be the mother's legitimate child, unless the law provides…
- §1547Legitimation by father, three routesA child becomes legitimate when (1) the parents subsequently marry, (2) the father registers the child as his child (Section 1548 sets the consent requirements),…
- §1548Legitimation by the father requires the consent of the child and motherA father applying to register legitimation needs the consent of both the child and the mother. If they do not appear before the Registrar, the…
- §1549Objection to the father exercising parental power after legitimationOnce the Registrar has given notice of an application for legitimation under Section 1548, the child or the mother may, within ninety days of receiving…
- §1550This section has been repealed.
- §1551Objection to registration of legitimationWhere someone applying to register a child as their own is challenged as not the father and goes to court, the child or mother may… Draft, not yet reviewed by the firm
- §1552Father taking over parental power from a guardian Draft heading, not yet reviewed by the firmWhere a child has no mother, or the mother lost parental power and the court appointed a guardian before legitimation, the registered father may ask… Draft, not yet reviewed by the firm
- §1553This section has been repealed.
- §1554Cancelling a registration of legitimation Draft heading, not yet reviewed by the firmAn interested person may ask the court to cancel a registration of legitimation on the ground that the person who registered is not the father,… Draft, not yet reviewed by the firm
- §1555The seven grounds on which legitimation may be claimed in courtIn an action for legitimation, the child is presumed to be the man's legitimate child if any of seven facts is shown: rape, abduction or…
- §1556Who may bring an action for legitimationA legitimation action for a child under fifteen is brought by the legal representative, or a representative for the case appointed on application by a… Draft, not yet reviewed by the firm
- §1557Legitimation takes effect from the child's birthLegitimation under Section 1547 takes effect from the day of the child's birth. It may not, however, be set up so as to prejudice the…
- §1558Rights of a child legitimated after the parent's death Draft heading, not yet reviewed by the firmIf an action to establish a deceased person's child is brought within the prescription period for inheritance claims and the court declares the child legitimate,… Draft, not yet reviewed by the firm
- §1559Registration of legitimation cannot be revoked Draft heading, not yet reviewed by the firmOnce the registration of a child as a legitimated child has been made, it cannot be revoked. The section states this as a general rule… Draft, not yet reviewed by the firm
- §1560Legitimacy of a child of a cancelled marriage Draft heading, not yet reviewed by the firmA child born during a marriage is treated as legitimate even if the court later cancels that marriage by judgment, so the later cancellation does… Draft, not yet reviewed by the firm
Chapter 2: Rights and Duties of Parents and Children
- §1561Child's right to use a family nameA child has the right to use the father's family name. Where the father is unknown, the child has the right to use the mother's…
- §1562Bar on suing one's ascendants Draft heading, not yet reviewed by the firmNo one may bring a civil or criminal action against their ascendants, unless the public prosecutor takes up the case on the application of that… Draft, not yet reviewed by the firm
- §1563Children are bound to maintain their parentsChildren are legally bound to maintain their parents. The duty is stated without qualification and is not conditional on the parents having maintained the child,…
- §1564Parents' duty to maintain and educate their childrenParents must maintain and educate their minor children. After the child reaches majority, the duty continues only if the child is disabled and unable to…
- §1565Who may apply for a child's maintenance Draft heading, not yet reviewed by the firmA father or mother may bring an application for a child's maintenance, or for the child to be maintained in another way, in addition to… Draft, not yet reviewed by the firm
- §1566Parental power of both parents, and when one exercises it aloneA minor child is under the parental power of both parents. Parental power rests with the father or the mother alone only in the cases…
- §1567Rights of a person exercising parental power Draft heading, not yet reviewed by the firmA person exercising parental power may determine the child's place of residence, punish the child to admonish, instruct or correct the child's behaviour, provided it…
- §1568Remarriage does not move parental power over an existing childWhere a person who already has a child marries someone else, parental power over that child continues to be exercised by that person. The new…
- §1569The person with parental power is the child's legal representativeThe person exercising parental power is the child's legal representative. If the child is later adjudged incompetent or quasi-incompetent, that same person becomes the custodian…
- §1569/1Effect of appointing a custodian for an incompetent minor Draft heading, not yet reviewed by the firmWhere a minor has been adjudged incompetent and the Court has appointed as custodian a person other than the person exercising parental power or the…
- §1570Notifications to the person exercising parental power Draft heading, not yet reviewed by the firmNotices given by or to the person exercising parental power under section 1566 or 1568 are treated as notices given by or to the child. Draft, not yet reviewed by the firm
- §1571Parental power includes managing the child's propertyParental power extends to the management of the child's property, and that management must be carried out with the same care as a person of…
- §1572Obligations personal to the child Draft heading, not yet reviewed by the firmA person exercising parental power cannot create, without the child's consent, an obligation that the child would have to perform personally; the child's own consent… Draft, not yet reviewed by the firm
- §1573Use of a child's income Draft heading, not yet reviewed by the firmA child's income is first used for the child's maintenance and education, and any remainder is kept by the person exercising parental power for delivery… Draft, not yet reviewed by the firm
- §1574Parental control of child's propertyA person exercising parental power may not do any of the thirteen acts listed in Section 1574 with a minor's property without the court's permission.…
- §1575Court permission is required where interests conflict with the minor'sWhere an act would put the interests of the person exercising parental power, or those of that person's spouse or children, in conflict with the…
- §1576Meaning of interest of the person exercising parental power Draft heading, not yet reviewed by the firmFor section 1575, the interests of the person exercising parental power, or their spouse or child, include interests in transactions with an ordinary partnership of… Draft, not yet reviewed by the firm
- §1577Property given to a minor under third-party management Draft heading, not yet reviewed by the firmA person may give or leave property to a minor by gift or will on condition that someone other than the person exercising parental power… Draft, not yet reviewed by the firm
- §1578Handing over property when parental power ends Draft heading, not yet reviewed by the firmWhen parental power ends because the minor reaches majority, the person who exercised it must promptly hand over the managed property, the account and related… Draft, not yet reviewed by the firm
- §1579Property of children when a surviving spouse remarries Draft heading, not yet reviewed by the firmA surviving spouse who plans to remarry must first deal with the child's share of property, by handing it over or keeping it for the… Draft, not yet reviewed by the firm
- §1580Acknowledgement of the management of a minor's propertyA person exercising parental power or a guardian may have their management of the minor's property certified only after the former minor, now of age,… Draft, not yet reviewed by the firm
- §1581Time limit for actions on a minor's property management Draft heading, not yet reviewed by the firmAn action about management of property between the minor and the person exercising parental power may not be brought more than one year after parental… Draft, not yet reviewed by the firm
- §1582Deprivation of parental power or of the right of managementThe court may deprive a person of parental power, in whole or in part, where that person is adjudged incompetent or quasi-incompetent, abuses the parental…
- §1583Recovering parental power Draft heading, not yet reviewed by the firmA person who has been wholly or partly deprived of parental power may, once the cause in the preceding section has ceased, recover it with… Draft, not yet reviewed by the firm
- §1584Duty of maintenance continues after loss of parental power Draft heading, not yet reviewed by the firmA person who has been wholly or partly deprived of parental power is not thereby relieved of the legal duty to maintain the minor, so… Draft, not yet reviewed by the firm
- §1584/1Parent's right of contact with the child Draft heading, not yet reviewed by the firmA father or mother is entitled to reasonable contact with their child, as the circumstances allow, whoever exercises parental power over the child or is… Draft, not yet reviewed by the firm
Chapter 3: Parental Power
- §1585Appointment of a guardian for a minor Draft heading, not yet reviewed by the firmA minor with no parents, or whose parents have lost parental power, may be provided with a guardian. Where parental power is removed in part,… Draft, not yet reviewed by the firm
- §1586How a guardian is appointed Draft heading, not yet reviewed by the firmA guardian under section 1585 is appointed by court order on the application of a relative of the minor, the public prosecutor, or the person… Draft, not yet reviewed by the firm
- §1587Persons who cannot be guardians Draft heading, not yet reviewed by the firmAny adult may be appointed guardian except a person adjudged incompetent or quasi-incompetent, a bankrupt, a person unfit to care for the minor or the… Draft, not yet reviewed by the firm
- §1588Revoking the appointment of a barred guardian Draft heading, not yet reviewed by the firmIf the person appointed guardian was barred under section 1587 when appointed, the court must revoke the appointment on its own knowledge or on application… Draft, not yet reviewed by the firm
- §1589This section has been repealed.
- §1590Number of guardians Draft heading, not yet reviewed by the firmThere may be only one guardian at a time. But where a will directs several guardians, or on a reasoned application, the court may appoint… Draft, not yet reviewed by the firm
- §1591When guardianship begins Draft heading, not yet reviewed by the firmA person's status as guardian begins on the day they learn of the court's order appointing them, not on the date the order was made. Draft, not yet reviewed by the firm
- §1592Guardian's inventory of the ward's property Draft heading, not yet reviewed by the firmA guardian must promptly make an inventory of the ward's property within three months of learning of the appointment, though they may ask the court… Draft, not yet reviewed by the firm
- §1593Submitting the inventory to the court Draft heading, not yet reviewed by the firmThe guardian must file a certified copy of the inventory with the court within ten days of completing it. The court may require further explanation… Draft, not yet reviewed by the firm
- §1594Discharge of a guardian for inventory failures Draft heading, not yet reviewed by the firmThe court may discharge a guardian who fails to make or submit a complete and correct inventory under sections 1592 and 1593, disobeys a court… Draft, not yet reviewed by the firm
- §1595Guardian's limited powers before inventory is accepted Draft heading, not yet reviewed by the firmBefore the court accepts the inventory, a guardian may do only urgent and necessary acts. This restriction cannot be raised against third persons who acted… Draft, not yet reviewed by the firm
- §1596Disclosing debts between guardian and ward Draft heading, not yet reviewed by the firmA guardian must tell the court, before starting the inventory, of any debt between themselves and the ward in either direction. A guardian who knowingly… Draft, not yet reviewed by the firm
- §1597Security and information from a guardian Draft heading, not yet reviewed by the firmThe court may, on its own motion or on application by an interested person or the prosecutor, order a guardian to give proper security for… Draft, not yet reviewed by the firm
- §1598Ward acquiring valuable property during guardianshipWhere a ward acquires valuable property by succession or gift during the guardianship, Sections 1592 to 1597 apply mutatis mutandis, so the guardian must make…
- §1598/1Guardian's annual account to the court Draft heading, not yet reviewed by the firmA guardian must render an account of the ward's property to the court once a year from the day they become guardian. After the first… Draft, not yet reviewed by the firm
- §1598/2Rights and duties of a guardian Draft heading, not yet reviewed by the firmA guardian has the same rights and duties as a person exercising parental power, as provided in section 1564 paragraph one and section 1567. Draft, not yet reviewed by the firm
- §1598/3Guardian as legal representative of the ward Draft heading, not yet reviewed by the firmA guardian is the legal representative of the ward. Sections 1570, 1571, 1572, 1574, 1575, 1576 and 1577 apply to the guardian and the ward… Draft, not yet reviewed by the firm
- §1598/4Guardian's use of the ward's income Draft heading, not yet reviewed by the firmA guardian may reasonably use the ward's income for upkeep and education. Any surplus may be invested only in Thai government or government-guaranteed bonds, first-ranking… Draft, not yet reviewed by the firm
- §1598/5Consulting the ward on important matters Draft heading, not yet reviewed by the firmWhere the ward understands right from wrong and is at least fifteen full years old, the guardian must, as far as possible, consult the ward… Draft, not yet reviewed by the firm
- §1598/6End of guardianship Draft heading, not yet reviewed by the firmGuardianship ends when the ward dies or comes of age. Draft, not yet reviewed by the firm
- §1598/7End of a person's office as guardian Draft heading, not yet reviewed by the firmA person ceases to be guardian on death, on resigning with the court's permission, on becoming incompetent or quasi-incompetent, on bankruptcy, or on removal by… Draft, not yet reviewed by the firm
- §1598/8Grounds for court removal of a guardian Draft heading, not yet reviewed by the firmThe court must remove a guardian who neglects their duties, is grossly negligent, abuses their powers, behaves improperly, or is so lacking in ability as… Draft, not yet reviewed by the firm
- §1598/9Who may apply to remove a guardian Draft heading, not yet reviewed by the firmAn application to remove a guardian under section 1598/8 may be made by the ward, if at least fifteen full years old, by a relative… Draft, not yet reviewed by the firm
- §1598/10Temporary manager while discharge is pending Draft heading, not yet reviewed by the firmWhile an application to discharge a guardian is pending before the court, the court may appoint a temporary manager to manage the ward's property in… Draft, not yet reviewed by the firm
- §1598/11Handing over property when guardianship ends Draft heading, not yet reviewed by the firmWhen guardianship ends, the guardian or their heir must promptly hand over the managed property to the ward, their heir or the new guardian, and… Draft, not yet reviewed by the firm
- §1598/12Interest between guardian and ward Draft heading, not yet reviewed by the firmInterest runs on any sum that the guardian or the ward must repay to the other from the day the account is delivered. If the… Draft, not yet reviewed by the firm
- §1598/13Ward's preferential right against the guardian's property Draft heading, not yet reviewed by the firmThe ward has a preferential right over all of the guardian's property for debts owed to the ward. It ranks sixth, after the other general… Draft, not yet reviewed by the firm
- §1598/14Remuneration of a guardian Draft heading, not yet reviewed by the firmA guardian is not entitled to remuneration except where the will provides it, or, if the will is silent and does not forbid it, where… Draft, not yet reviewed by the firm
- §1598/15Spouse as guardian, rights and dutiesWhere the court declares one spouse incompetent and the other spouse is the guardian, the rules on the rights and duties of a person exercising… Draft, not yet reviewed by the firm
- §1598/16Spouse guardian's management of marital property Draft heading, not yet reviewed by the firmA spouse who is guardian of the other spouse, declared incompetent by the court, may manage the other's personal property and manages the common marital… Draft, not yet reviewed by the firm
- §1598/17Outside guardian managing the marital propertyWhere the court considers it inappropriate for the other spouse to be guardian and appoints a parent or an outsider instead, the guardian manages the… Draft, not yet reviewed by the firm
- §1598/18Rights and duties of a curatorWhere the parents are the curator of their child, if the child is not yet sui juris, the provisions concerning the rights and duties of…
Chapter 4: Adoption
- §1598/19Age requirements for adopting a child Draft heading, not yet reviewed by the firmA person may adopt only if they are at least 25 years old and at least 15 years older than the person to be adopted.
- §1598/20Adoptee's own consent to adoption Draft heading, not yet reviewed by the firmAdoption of a person aged 15 or over requires that person's own consent.
- §1598/21Parental consent to adoption of a minor Draft heading, not yet reviewed by the firmAdopting a minor requires the consent of both parents, or of the parent who still has parental power if the other has died or lost… Draft, not yet reviewed by the firm
- §1598/22Child welfare institution's consent for deserted minor Draft heading, not yet reviewed by the firmWhere the minor to be adopted has been deserted and is in the care of a child welfare institution under the law on child welfare… Draft, not yet reviewed by the firm
- §1598/23Parents authorising an institution to consent to adoption Draft heading, not yet reviewed by the firmWhere a minor is not deserted but is supported by a child welfare institution, the parents (or the surviving parent or the one with parental… Draft, not yet reviewed by the firm
- §1598/24Institution's consenting person adopting a minor in its care Draft heading, not yet reviewed by the firmThe person empowered to consent on behalf of a welfare institution (under §§1598/22 to 23) may themselves adopt a minor in the institution's care, but…
- §1598/25Spouse's consent to adoption Draft heading, not yet reviewed by the firmA married person who wishes to adopt, or to be adopted, must first obtain the spouse's consent. If the spouse cannot consent, or has left… Draft, not yet reviewed by the firm
- §1598/26Adopted minor adopted by another person Draft heading, not yet reviewed by the firmA minor who is already someone's adopted child cannot be adopted by another person at the same time, except by the adopter's spouse. If one… Draft, not yet reviewed by the firm
- §1598/27Registration required for valid adoption Draft heading, not yet reviewed by the firmAn adoption is complete only once it has been registered as the law requires. Where the person to be adopted is a minor, the law… Draft, not yet reviewed by the firm
- §1598/28Status of an adopted child Draft heading, not yet reviewed by the firmAn adopted child acquires the status of a legitimate child of the adopter, and nothing in the adoption prejudices the child's rights and duties in…
- §1598/29Adoption and the adopter's statutory inheritance rights Draft heading, not yet reviewed by the firmAdoption does not, by itself, give the adopter the right to inherit from the adopted child as a statutory heir. Draft, not yet reviewed by the firm
- §1598/30Adopter's claim to property given to the adoptee Draft heading, not yet reviewed by the firmIf an adopted child with no spouse or descendants dies before the adopter, the adopter may claim back property they gave the child, so far… Draft, not yet reviewed by the firm
- §1598/31Termination of adoptionAn adopted child who has come of age may end the adoption at any time by agreement with the adopter. For a minor, the parents'… Draft, not yet reviewed by the firm
- §1598/32Cancellation of adoption on marriage contrary to section 1451 Draft heading, not yet reviewed by the firmAn adoption is cancelled when a marriage is made in breach of section 1451. Draft, not yet reviewed by the firm
- §1598/33Grounds for suing to end an adoption Draft heading, not yet reviewed by the firmEither party may sue to end an adoption for stated grounds: wrongful acts causing grave shame or harm, serious defamation, harmful assault, failure to maintain,… Draft, not yet reviewed by the firm
- §1598/34Time limit for suing to end an adoption Draft heading, not yet reviewed by the firmNo action to end an adoption may be brought after one year from the day the person seeking termination knew or ought to have known… Draft, not yet reviewed by the firm
- §1598/35Who may sue to end an adoption Draft heading, not yet reviewed by the firmIf the adopted child is under fifteen full years of age, the natural parents may sue to end the adoption on the child's behalf, and… Draft, not yet reviewed by the firm
- §1598/36Effect of a court judgment ending adoption Draft heading, not yet reviewed by the firmWhere a court judgment ends an adoption, it takes effect from the time the judgment becomes final. It cannot, however, be relied on to defeat… Draft, not yet reviewed by the firm
- §1598/37Parental power after the adopter dies or the adoption endsWhen the adopter dies or the adoption ends and the adoptee is still a minor, the natural parents regain parental power from that time, unless… Draft, not yet reviewed by the firm
Title 3: Maintenance
- §1598/38Claiming maintenanceMaintenance between spouses, or between parents and children, may be claimed where the person entitled receives none, or too little for their station. The court… Draft, not yet reviewed by the firm
- §1598/39Changing a maintenance order Draft heading, not yet reviewed by the firmOn an interested person showing that circumstances, income or status have changed, the court may revoke, reduce, increase or reinstate maintenance. Where it was refused… Draft, not yet reviewed by the firm
- §1598/40Form and manner of paying maintenance Draft heading, not yet reviewed by the firmMaintenance is paid in money by periodic instalments unless the parties agree otherwise. Absent agreement, the court may on request and for special cause order… Draft, not yet reviewed by the firm
- §1598/41Maintenance right cannot be waived or transferred Draft heading, not yet reviewed by the firmThe right to receive maintenance cannot be waived or transferred, and it is not subject to enforcement of judgments. Draft, not yet reviewed by the firm
Headings marked "draft" and short descriptions marked "draft" were prepared from the statutory text and have not yet been reviewed by the firm.