Section 1598/28
Statutory text (Thai original)
บุตรบุญธรรมย่อมมีฐานะอย่างเดียวกับบุตรชอบด้วยกฎหมายของผู้รับบุตรบุญธรรมนั้น แต่ไม่สูญสิทธิและหน้าที่ในครอบครัวที่ได้กำเนิดมา ในกรณีเช่นนี้ ให้บิดามารดาโดยกำเนิดหมดอำนาจปกครองนับแต่วันเวลาที่เด็กเป็นบุตรบุญธรรมแล้วให้นำบทบัญญัติใน
Verbatim from the Royal Gazette / Office of the Council of State
English translation
An adopted child acquires the status of a legitimate child of the adoptor, but none of his rights and duties in the family to which he belongs by birth are prejudiced thereby. In such , the natural parent lose parental power, if any, from the time when the child is adopted. The provisions of Title 2 of this book shall apply mutatis mutandis.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1598/28 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: an adopted child inherits from the adoptor as a legitimate child; at the same time the child retains inheritance rights from the biological family — this 'dual inheritance' position should be factored into estate planning. For clients: adoption gives your adopted child the same rights as a birth child in your family, while also preserving their relationship with their birth family.
Legislative history
Section 1598/28 has applied since the adoption chapters were added to Book 5 in B.E. 2519. The Marriage Equality Act (No. 24, B.E. 2567), in force 22 Jan 2025, ensures that children adopted by same-sex married couples have the same status as children adopted by any other legally married couple.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 294/2538 (1995) ★ Landmark
An adopted child holds equal legal status to a legitimate child and inherits from the adoptor; biological family ties are preserved.
An adopted child has the same status as a legitimate child of the adoptor under §1598/28 and is therefore entitled to inherit from the adoptor on intestacy; the adoption does not, however, sever the child's rights and duties towards the biological family.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does an adopted child in Thailand have the same inheritance rights as a biological child?
Yes. Under §1598/28, an adopted child has the full legal status of a legitimate child of the adoptor and inherits on the same basis as a birth child. The adoption also preserves the child's rights and duties towards their biological family, so the adopted child may inherit from both the adoptive and the biological family.