Section 1598/28
Statutory text (Thai original)
บุตรบุญธรรมย่อมมีฐานะอย่างเดียวกับบุตรชอบด้วยกฎหมายของผู้รับบุตรบุญธรรมนั้น แต่ไม่สูญสิทธิและหน้าที่ในครอบครัวที่ได้กำเนิดมา ในกรณีเช่นนี้ ให้บิดามารดาโดยกำเนิดหมดอำนาจปกครองนับแต่วันเวลาที่เด็กเป็นบุตรบุญธรรมแล้ว ให้นำบทบัญญัติในลักษณะ ๒ หมวด ๒ แห่งบรรพนี้มาใช้บังคับโดยอนุโลม
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
Section 1598/28 gives an adopted child the status of a legitimate child of the adoptor and applies Title 2 Chapter 2, sections 1561 to 1584/1, mutatis mutandis. That means only that the provisions on the rights and duties of parent and child apply so far as they can, not that every one of them applies. Section 1562, which bars a person from suing an ascendant, restricts a person's rights and must be construed strictly, and an adoptor is not an ascendant, so an adopted child may sue the adoptor.
The plaintiff, an adopted child, sued the adoptor, who argued the suit was barred by Section 1562. The Supreme Court held it was not. Applying Title 2 Chapter 2 mutatis mutandis under Section 1598/28 does not mean every section in it applies, and Section 1562, restricting a person's right to sue, must be read strictly. An ascendant means parents, grandparents, great-grandparents and direct blood ancestors in fact, and the defendant was only the person who had adopted the plaintiff, not his father, so he was not an ascendant and the plaintiff could sue him.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 9 Supreme Court decisions (1983 to 2019)
Selected citing decisions
- Decision 4419/2562 (2019)
- Decision 349/2540 (1997)
- Decision 294/2538 (1995)
- Decision 5892/2537 (1994)
- Decision 472/2537 (1994)
- Decision 8516/2557 (2014)
- Decision 1937/2526 (1983)
- Decision 5020/2561 (2018)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
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.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Civil and Commercial Code, s. 1598/28 (Thailand) -
Academic citation
Civil and Commercial Code (Thailand), s. 1598/28. ThaiLawOnline, https://www.thailawonline.com/thai-civil-code/section-1598-28/ (accessed 28 August 2026). -
Thai citation
ป.พ.พ. มาตรา 1598/28 -
Permalink
https://www.thailawonline.com/thai-civil-code/section-1598-28/ -
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<blockquote cite="https://www.thailawonline.com/thai-civil-code/section-1598-28/"><p>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…</p><footer>Civil and Commercial Code, s. 1598/28 (Thailand): <a href="https://www.thailawonline.com/thai-civil-code/section-1598-28/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.