If you would like to become the legal guardian of a child in Thailand, this is the correct article to read. As we have already covered other areas of Thai family law on this website, including the rights of children in Thailand, this article will focus on guardianship in Thailand.

There are always complications related to the custody of children in Thailand, and this can be made more complex if there are questions about guardianship. Fortunately, TFL has experience with this difficult situations and can help.

We usually see 4 situations where people in Thailand want to have guardianship. There are as follows:

1. A foreign parent (such as a father) would like to have legal guardianship over his child with his unmarried partner.
2. A parent who is in a relationship with someone who already has a child from a previous relationship.
3. The living parents of a child or children in Thailand want to set up a “Plan B” in case they die.
4. Same-sex couples in Thailand want the unlisted partner to become a legal guardian.

We will examine each here.

For the first scenario, it is quite common here in Thailand. According to the relevant source of law – the Civil and Commercial Code – if a child is born to an unmarried mother in Thailand, the child belongs to the mother 100%. However, there may be a situation where the father would like to take care of the child and be an active part in the child’s life. In this case, we can have the father assigned as the legal guardian of the child.

For the second situation, we have seen many cases where a Thai woman has a child from a previous relationship, and then marries a new husband after the first relationship dissolves. In this case, the father can receive legal guardianship over the stepchild.

For the third case, this is always recommended, even if no one is expecting to pass away anytime soon. In the case where the parents die, the children will have a legal guardian already assigned.

In the final scenario of same-sex couples in Thailand, it is fairly unique, with TFL being one of only a few law firms in Thailand working on this sort of case. Through insemination, one woman in a woman – woman partnership can give birth. However, the other woman will have no legal rights under Thai law. TFL can help with this, making the other partner a legal guardian.

If you have a question about guardianship in Thailand, or if you would like to become a guardian in Thailand, please contact TFL today.