Section 1561 — Choice of child's name
Statutory text (Thai original)
บุตรมีสิทธิใช้ชื่อสกุลของบิดาในกรณีที่บิดาไม่ปรากฏ บุตรมีสิทธิใช้ชื่อสกุลของมารดา
Verbatim from the Royal Gazette / Office of the Council of State
English translation
A child has the right to use the family name of the father. In case the father is unknown, a child has the right to use the family name of the mother.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1561 is part of Book 5 (Family) of the Thai Civil and Commercial Code. This entry is awaiting firm-authored commentary; the statutory text above is verbatim from the Office of the Council of State (OCS Krisdika) Thai source, with the English translation from the FAO/UN FAOLEX repository. Always rely on the Thai original for legal proceedings.
Why this matters in practice
For lawyers: the §1561 surname rule for children of same-sex married couples remains an open interpretive question pending administrative guidance; advise clients to monitor developments from the Department of Provincial Administration. For clients: if you are a same-sex married couple and have a child, the surname arrangement should be agreed early; if dispute arises, a court can resolve it.
Legislative history
Section 1561 reflects the traditional surname rule. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, has created interpretive questions for children of same-sex married couples; regulatory guidance from the relevant authorities is expected to address surname allocation in such cases.