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Refused! Father's name on Thai child's birth certificate??

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Are there Thai documents/forms for adding the father's name to Thai birth certificate?

Thai wife (we've been legally married in Thailand for more than 10 years) had a baby last month. It happened prematurely and I was in another part of the country. For whatever reason the people that did the birth certificate left the father's information completely blank.

So now, adding my name (legal husband for years) to birth certificate after it has been printed.

the Thai wife and young baby went to different 3 offices with all the documents to start the process (our Thai marriage cert, my passport etc). Amphur office told her the baby and father need a legal DNA test. Another government office said we need to go to the children's court and go before a judge. another office said something else that isn't true. We were married long before she gave birth which automatically makes me the legal father under the Thai Civil Code.

Part 1: Parentage

Section 1536. Husband Presumed to be Father

A child born of a woman during wedlock or within three hundred and ten days after the termination of the marriage is presumed to be the legitimate child of the husband or the man which used to be the husband, as the case may be.

https://library.siam-legal.com/thai-law/civil-and-commercial-code-parent-child-section-1536-1560/

As legal husband and legal father I need to be on the birth certificate to get the child a passport etc from my country.

I don't believe a legal DNA test or legal court order from a judge is needed to be named on the birth certificate of the child I've just had with my legal wife of 10 years lol.

I want to get any legal form in Thai, the legal requirements for adding the husband and father to the birth certificate, print them out, and politely show it to all at the Amphur office, along with a print out of the Ombudsman's phone number that will be visible to the clerk.

Does anyone have a link to the forms and stated legal requirements for this in Thai?

Has anybody previously done this, getting your name added to your child's birth certificate using your legal Thai marriage to the Thai mother as proof of parenthood?

Thank you.


No personal experience but from previous threads where hospitals have spelled the father's name wrong, or even put a family member's name instead of the father's, you will need a lawyer, patience and money. Once the hospital registrar has completed their (incomplete or incorrect) notification of birth and it has gone to the amphur and the birth certificate has been issued, it is very difficult to get things changed after-the-fact.

If you weren't even at the hospital, I would imagine DNA testing will be required, as would any country that you wish to confer nationality by descent. A marriage certificate doesn't prove anything with regard to the child's parentage.

Good luck.

2 minutes ago, NanLaew said:

A marriage certificate doesn't prove anything with regard to the child's parentage.

It does in Thailand.

It makes the husband the legal father, automatically.

  • Author
1 hour ago, NanLaew said:

If you weren't even at the hospital, I would imagine DNA testing will be required, as would any country that you wish to confer nationality by descent. A marriage certificate doesn't prove anything with regard to the child's parentage.

False.

In Thailand, a husband married to the mother at the time of a child's birth is legally presumed to be the father, granting him automatic parental rights and responsibilities. If unmarried, the father must legitimize the child through marriage, administrative registration with consent, or a court order to gain legal, custodial rights. 

Thailand Law Online +5

Key aspects of fatherhood and parentage in Thailand include:

  • Legal Marriage: A child born during a legally registered marriage is considered legitimate. The husband is automatically the legal father.

Section 1536. A child born of a woman during wedlock or within three hundred and ten days after the termination of the marriage is presumed to be the legitimate child of the husband or the man who used to be the husband, as the case may be.

https://www.thailandlawonline.com/thai-family-and-marriage-law/civil-law-parentage-right-and-duties-parent-and-child

4 hours ago, Packer said:

It does in Thailand.

It makes the husband the legal father, automatically.

Ok.

2 hours ago, Oldefield said:

False.

Ok.

From what I have read (before ai was invented) is that getting a Thai birth certificate reissued is a bureaucratic faff.

But since you all know the law, get a lawyer and get it done. A lawyer probably has the forms you seek.

Good luck.

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