Obtaining an Australian passport for my 6yo Thai born son

[Kenny202]

I have a Thai born son, 6yo who holds Australian citizenship (by descent). I was never married to his mother but I have legitimacy court papers stating I am the legal father. I have been estranged from my sons mother for the last 5 years and he has been in my care the whole time. During this time only brief 1 hour or so visits from her every 6 months to a year as she comes to our city once a year or so for medical treatment. She hasn't seen him in the last two years which I am thrilled about but I have now completely lost contact with her. She's always dodging someone and regularly changes phone numbers. I am guessing she has lost all her passwords / contacts. 

 

I don't have any immediate plans to take him out of the country though I feel I should have a passport for him should I need to leave Thailand on short notice. I started down the route of sole custody but the lawyer was playing games, upping the price several times and I called it off. I realize if I actually wanted to take him out of the country it would be tricky without a letter or permission from his birth mother. But first things first and I would like to get a passport for him in place.

 

Anyone been in this situation applying for an Australian passport for a child where the mother is AWOL?

Prefer first hand info / experience rather than free advice thanks

Edited September 4, 2022 by Kenny202

[ozimoron]

Not in Thailand but I guess the same process applies as it does in Philippines.

 

The mother does not need to give consent for you to apply for Australian citizenship. You only need to certify that you are the child's biological parent. If there's any doubt, the embassy will ask for a DNA test but that's not the normal routine. This is all clear in the online application. Acceptable paternity evidence includes photos before, at and after the birth, hospital records such as ultrasound and bills, etc.

 

The most likely practical obstacles will be obtaining a copy of her birth certificate, possibly the child's birth certificate. etc. Also, before you can even apply you have to find a qualified person to sign the form 118 identity declaration. That can be a doctor, lawyer or full time government teacher who has known him for 2 years. The government will follow up this certification.

 

As you indicate, your biggest hurdle will be permission from the mother to leave the country. You can get a court order if she can't be found or won't cooperate.

Edited September 4, 2022 by ozimoron

[Dazinoz]

About 5 years ago my Myanmar girlfriend had a baby to me (Australian). We were not married. Baby was born in Thailand. His birth certificate states he has no nationality and is in Thailand temporarily or illegally. I made him Australian by descent which took around 7 months for various reasons including a DNA test. I cant remember the exact process for the Australian passport but from what I can remember very little was required as I had his Australian Citizenship Certificate and I had his passport in a little over a month.

 

If you take him out of the country remember you will need his original birth certificate as well as a copy.

 

 

[davemos]

Appy quickly huge delay at the moment ,about 4 months ..

[Old Croc]

You state he has Australian citizen by descent. This is not an automatic process, it has to be applied for with evidence  (DNA). 

If you have already done this, parental consent is still required to obtain a passport.

Incomplete consent | Australian Passport Office (passports.gov.au)