THE BEST INTEREST OF THE CHILD : A CASE STUDY OF MARRIAGE WITH AN ADOPTER OR GUARDIAN

Abstract

This article studied child protection according to the best interests of the child. The goals was to identify effective child protection strategies when a minor who is considered a child according to the United Nations Convention on the Rights of the Child (UNCRC) marries a family member who is an adopter (this union is legal because they are not blood relatives) as well as marriage with a guardian, which is not prohibited by law.

Sections 1436 (3) (4) and 1454 of the Thailand Civil and Commercial Code (TCCC) provide that the minor must obtain approval of an adopter or guardian, as the case may be, as indicated in provisions of current Thai legislation. There is a conflict or overlap between parental interest and a child’s freedom and right to announce the intent to marry. As a result, children might lack the option to openly choose to start a family (the right to privacy), which would be inconsistent with the best interests of the child, preventing them from voicing opinions.

To solve the aforementioned problem, this article recommends that the example of German law be taken into account, in which the court has discretion to allow a child to marry an adopter or guardian, as the case may be.