Problems on Status and Protection of Children Born out of Wedlock

Abstract

This study has the purpose to study about status and relationship between cohabitate couples and the relationship between parents and their children compared to the cohabitating relationship, and relationship between parents and child according to Thai Law and International Law in order to prepare an appropriate draft of legal measure to protect the status and cohabitating relationship, and the child born out of wedlock. In this case, it is taken by using Qualitative Research, which is a mixed technique between Documentary Research and Field Research by using In-Depth Interview) and Focus Group. From the study, it is found that laws in many European countries allow citizens to live together as cohabitation in other types rather than registering for marriage by making an agreement; for example, a man and a woman are allowed to live together under the cohabitation agreement (Pacte civil de solidarité), a registered partnership, cohabitation agreement, and living together under agreement (Domestic Contracts), etc. Parenthood can be determined to the illegitimate child by the court order or voluntary endorsement to obtain parental power. The father can specify in the birth certificate or make an agreement with the mother or by the court order. The illegitimate child has a right to have parental support and receive child support payments from the state; whereas, there is no law to certify the status and relationship of cohabitate couples and a child born out of wedlock. From the study, it is suggested that the problems on status and cohabitating relationship and the child in Thailand can be resolved through the amendment of the essential conditions of marriage. When entering into the local custom marriage or religious ceremony, in this case, the registrar will be informed in writing to record the marriage, and a child will be specified as a legitimate child after notifying birth with the consent of the parents.