Wrong Birth Certificate

[importford]

This will sound a crazy story, but it is true and it is not that funny!!

I am together with a thai girlfriend for 5 years.

We have a son 2 years old.

I made the decision to marry my girlfriend and settle in thailand.

I just found out that when my son was born, my girlfriend made a terrible mistake.

To put my son in the register in the Thai hospital she gave not my photocopy of my passport, but a photocopy of the passport of my brother. A photocopy of his passport was lying in my house in my files!!

I know it sounds crazy, but it is true.

She is not that good in reading english and she told me she was under stress from the birth of my son.

I can understand that she was stressed and that she made a mistake.

But what do I have to do to clear this?

Do I go with she to the hospital and the local townhouse and try to explain everything or do I have to get a DNA test or what do I have to do to clear this incredible mistake??

What are my options?

What is the best way to clear this?

[swanks]

Sob ! Good luck anyway .

If you need the number of a UK certified DNA lab , PM me !

For the rest , I suggest a good lawyer!

[buriramboy]

i have always been led to believe (maybe wrongly) that a thai birth certificate can not be changed, so i can not offer any helpful advice to you, but just to warn others when giving the details and your name and your childs name to the hospital, make sure you write clearly in legable writing for the doctors, as if they mispell a name on the birth certificate (or enter a wrong name as in your case), it can cause big problems later in life.

One question though, why did it take you 2 years to realize the mistake???

[importford]

I never needed the birth certificate of my child,

I never thought about it.

I had to be more careful and check the paperwork myself. This is clearly my mistake and I should have known better and checking the paperwork better!!

But I remember at that moment I was so happy and only thinking about my child, but now.... big problem!!!

[lopburi3]

As said the birth certificate can not be changed but it can be amended if a mistake has been made. Talk with officials first and if they unable/unwilling to help seek a lawyer.

[importford]

Thanks Lopburi,

I am feeling a little bit better already when I read your post.

Still, it depends what they will understand with "amended"

Also, what officials do I have to talk to?

Do I have to go to the officials in the hospital or to the officials in the Townhouse?

Because now I am learning and hearing what she did.

She went first to the hospital and gave there a photocopy of the passport.

Then she went to the townhouse and she gave there again a photocopy of the passport to register something.

Is it best that I go with all my paperwork to the officials of the hospital or do I go first to the officials in the Townhouse?

[lopburi3]

I would go to the hospital first as even if they can not do anything they should be able to provide names of who to contact. It may not be easy and may take some time but every situation has an answer somewhere.

[importford]

Thanks Lopburi,

I hope I can clear this without DNA tests and Lawyers

I should have known better and checked the paperwork at the time.

Again, my stupid mistake.

[sonicdragon]

I would also suggest speaking to your embassy/consulate about it.

[importford]

- Can my embassy help in obtaining an amendment of the Thai Birth Certificate ?

- Is there some kind of thai website where she can find information in Thai language about what she has to do?

[Thai-Spy]

Just when you thought you'd heard it all...

DNA tests probably won't be required. If they are, be prepared to pay the premium for the types of test that can distinguish between close family members. This implies needing a sample from the brother as well as the OP and his child.

And how much effort needs to be put in by the OP depends mostly on his goals and purposes. It may simply be enough to legitimate the child; there are ample examples of one man legally raising another man's child, and ready means to do so with the full blessings of the Thai government. The attitude of the OP's home government must also be considered, of course.

It might sound odd to many Westerners not do everything possible to correct the birth certificate itself, but it may be the smoother path. It will be interesting to see how this turns out.

[importford]

What is the meaning of "to legitimate the child"?

I am not sure what this means?

[mikethevigoman]

This will sound a crazy story, but it is true and it is not that funny!!

I am together with a thai girlfriend for 5 years.

We have a son 2 years old.

I made the decision to marry my girlfriend and settle in thailand.

I just found out that when my son was born, my girlfriend made a terrible mistake.

To put my son in the register in the Thai hospital she gave not my photocopy of my passport, but a photocopy of the passport of my brother. A photocopy of his passport was lying in my house in my files!!

I know it sounds crazy, but it is true.

She is not that good in reading english and she told me she was under stress from the birth of my son.

I can understand that she was stressed and that she made a mistake.

But what do I have to do to clear this?

Do I go with she to the hospital and the local townhouse and try to explain everything or do I have to get a DNA test or what do I have to do to clear this incredible mistake??

What are my options?

What is the best way to clear this?

Wont they be able to see on the copy of your brothers passport that its not you ?

[sonicdragon]

- Can my embassy help in obtaining an amendment of the Thai Birth Certificate ?

They may be able to advise you what to do. It won't hurt for you to contact them. They may have encountered a similar problem before.

[importford]

just found this on a website: www.thaisolicitor.com

If you register the marriage with your wife after your child is born, the registration for legitimacy is not required because you will impliedly become legitimate father of your child by this subsequent marriage.

If this is true I will be the legitimate father of my child after I marry???

[Sojourner]

Just by chance, there may be a difference in your brother's blood rh factor and yours and if your wife is rh negative you may be able to make a case just by using blood type instead of going through DNA tests.

[importford]

I am O negative and my brother is something A or B,

I will ask him.

[Sojourner]

I am O negative and my brother is something A or B,

I will ask him.

You will need to know your brother's rh factor too. You will also need your child's blood type as well as your wife's. Once you have all four then you can try and put a case forward either based on blood type or rh factor. Good luck.

[importford]

My brother will have no problem coming over to thailand and give the blood samples.

He also told me that perhaps I should adopt my own child!!!! (crazy)

But if this statement is true, I will can clear the mistake easily.

If you register the marriage with your wife after your child is born, the registration for legitimacy is not required because you will impliedly become legitimate father of your child by this subsequent marriage.

This means that at the moment we are still not married.

My girlfriend is single for more than 7 years.

The moment I marry she (next month), by marriage, my child will become my child and I will become the legitimate father even when on paper my child is the child of my brother.

Sounds crazy, but it should be ok according to this statement.

Have to check if this statement is true.

[LivinLOS]

This will sound a crazy story, but it is true and it is not that funny!!

I am together with a thai girlfriend for 5 years.

We have a son 2 years old.

I made the decision to marry my girlfriend and settle in thailand.

I just found out that when my son was born, my girlfriend made a terrible mistake.

To put my son in the register in the Thai hospital she gave not my photocopy of my passport, but a photocopy of the passport of my brother. A photocopy of his passport was lying in my house in my files!!

I know it sounds crazy, but it is true.

She is not that good in reading english and she told me she was under stress from the birth of my son.

I can understand that she was stressed and that she made a mistake.

But what do I have to do to clear this?

Do I go with she to the hospital and the local townhouse and try to explain everything or do I have to get a DNA test or what do I have to do to clear this incredible mistake??

What are my options?

What is the best way to clear this?

Wont they be able to see on the copy of your brothers passport that its not you ?

Odd post...

What difference would the picture make ???

Can you hold that up next to the child and determine parenthood ??

Good luck to the OP.. Will follow this one...

[lopburi3]

Read that carefully "after your child is born". The problem is that the child is not yours - it is your brothers according to the birth certificate. Your marriage will not have any effect on that without the birth certificate father name being changed.

[oxymoron]

As said the birth certificate can not be changed but it can be amended if a mistake has been made. Talk with officials first and if they unable/unwilling to help seek a lawyer.

Not only Thailand. The Birth Certificate is immutable. However a birth certificate is not really important, my Thai stepsons have not had any need of their Birth Certificate for the last 20 years as their name was changed by Deed Poll to my name with english christian names when they were around 5. In my case all that was needed was their Thai biological father to provide a letter of consent. So now all the important life documentation ie passports, educational history, Oz Citizenship etc is in the names they have used for the last 20 years and even when they married they have never required a Birth Certificate. Consider this route if you talk to a lawyer then all you will need is you brothers consent.

[importford]

The consent of my brother is no problem.

He knows what mistake has happened and he will do whatever it takes to clear this problem.

letter of consent, DNA test, whatever.

But we are looking for the easiest and cheapest way.

Things like that DNA tests can cost a lot of money.

This Deed Poll, has it to be made in Thailand?

How and where can I do this?

[Maestro]

depends what they will understand with "amended"

The birth certificate will remain unchanged, but a new document will be issued to confirm the change in the father’s name. From then on, the birth certificate and the new document should be kept together.

I believe it is the amphur office that takes care of this, ie the same office that issued the birth certificate.

--

Maestro

[importford]

So ok, At this moment, my child has already my christian family name.

I only have to correct the mistake on the birth certificate,

if possible with an amendment.

On the birth certificate, the family name is right

1) I have to change the first name from my brothers name to my name

But than I have to give a photocopy of my passport.

- They will see the same family name, no problem there.

- There will be a different first name

- there will be a different day of birth

- there will be a slightly different picture( I look almost the same as my brother except some extra kilo's).

Don't know how this will work.

I think it is best I go to court.

[buriramboy]

my wife who is Thai and worked as a nurse in the Prama 9 hospital in Bangkok for over 7 years, says there is no way you will be able to change the birth certificate now.

[bina]

oxymoron,

dont make sweeping statements; some countries require birth certificate of the person for instance i had to precure my thai husbands b.cert. for israel even though it is falling apart, thin, small, water stained, barely legible, and looks like a parchment from some indiana jones movie , and have it stamped etc by thai mfa...

when i asked about what happens if there isnt a birth certificate, i got blank looks. if i couldnt find it, it would have been a major expensive legal procedure for something in place of one. (my husband was born at home and family doesnt deal much with papers/certificates etc. fortunately his mother somehow keeps any papers they do have in a carton that hasnt been rained on, eaten by mice etc. ). the same as when i moved to israel and was required to give b/cert. and i had sepia copy (new york 1962)... had to provide extra papers certifing the copy, why a copy, etc....

not every country is european/american in their beurocratic mind set... something that seems to surprise expats in thailand and other non european countries

bina

[LivinLOS]

Could always legally change your name..

Very simple...

Sounds daft but if your name matches the B cert then it would be a work around.. Could even keep your current name as your middle name or some games around that..

No one has to call you the name on your passport.. Just treat it like a nickname.

[LivinLOS]

oxymoron,

dont make sweeping statements; some countries require birth certificate of the person for instance i had to precure my thai husbands b.cert. for israel even though it is falling apart, thin, small, water stained, barely legible, and looks like a parchment from some indiana jones movie , and have it stamped etc by thai mfa...

when i asked about what happens if there isnt a birth certificate, i got blank looks. if i couldnt find it, it would have been a major expensive legal procedure for something in place of one. (my husband was born at home and family doesnt deal much with papers/certificates etc. fortunately his mother somehow keeps any papers they do have in a carton that hasnt been rained on, eaten by mice etc. ). the same as when i moved to israel and was required to give b/cert. and i had sepia copy (new york 1962)... had to provide extra papers certifing the copy, why a copy, etc....

not every country is european/american in their beurocratic mind set... something that seems to surprise expats in thailand and other non european countries

bina

Do most posters / people possess thiers ?? Lord knows where mine is.. Lost among lifes rubble a decade or more ago...

Never given it a thought before.. Should I be concerned ??

[buriramboy]

oxymoron,

dont make sweeping statements; some countries require birth certificate of the person for instance i had to precure my thai husbands b.cert. for israel even though it is falling apart, thin, small, water stained, barely legible, and looks like a parchment from some indiana jones movie , and have it stamped etc by thai mfa...

when i asked about what happens if there isnt a birth certificate, i got blank looks. if i couldnt find it, it would have been a major expensive legal procedure for something in place of one. (my husband was born at home and family doesnt deal much with papers/certificates etc. fortunately his mother somehow keeps any papers they do have in a carton that hasnt been rained on, eaten by mice etc. ). the same as when i moved to israel and was required to give b/cert. and i had sepia copy (new york 1962)... had to provide extra papers certifing the copy, why a copy, etc....

not every country is european/american in their beurocratic mind set... something that seems to surprise expats in thailand and other non european countries

bina

Do most posters / people possess thiers ?? Lord knows where mine is.. Lost among lifes rubble a decade or more ago...

Never given it a thought before.. Should I be concerned ??

depends what nationality you are i suppose, i can only speak for the uk and obtaining another birth certificate is no problem, i lost mine years ago and was never a problem till i applied for a british passport and birth certificate for my daughter at the embassy. Anyway my mother managed to obtain one for me in england, i think she said the cost was either 5 or 10 pounds through the internet and was posted near enough straight away.

theoreticaly if the OP wants a british passport for his kid, it will have to be his brother who applies.