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PRAIR THE LAWYERCHAROENPHON PETCHWIJIT LAW OFFICE

Family Law

DNA evidence in a child-legitimation dispute: the applicant withdrew his petition

Grandparents challenged a legitimation petition. DNA excluded the applicant as the father; he withdrew, and they contacted the prosecutor about parental authority.

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What happened

The maternal grandparents of a child living in Phuket asked us to respond to a petition for child legitimation. The child's mother had died, and the child was living with them. The applicant was named as the father on the birth certificate, but the grandparents were unsure whether he was the biological father.

What we did

We submitted a statement and an objection to the court, asking that legitimation should not proceed until the question of parentage had been resolved. We proposed mediation and DNA testing between the applicant and the child. During the proceedings, the applicant agreed to the test.

The outcome in this case

The DNA result showed that the applicant was not the child's biological father. He then withdrew his legitimation petition.

The grandparents contacted the public prosecutor to pursue an application concerning parental authority following the mother's death. That was the next step recorded in this account; it does not record a later order granting them parental authority.

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