Is This Legal?

[DiscoCol]

My wife (been married for a month now) has a four year old daughter the father has had no contact and is not on the birth certficate. My wife has told me she can have my name placed on the certficate would this in any way be legal when it can to appying for a settelment visa for the child?

[thaihome]

It will have to approved by the minstry of foriegn affairs before you are legally the father. Do a search, there as been several threads on this subject.

TH

[Mario2008]

Since the child has no legal father it is possible for you to become the legal father. However, since you are not the biological father you will have to petition the court for this. A judge will normaly see if it is in the interest of the child and makes his judgement based on that. This will take at least a few months.

Only when you are the biological fahter you can legitimise the child by going to the amphur with mother and child.

Where you want to settle?

[p_brownstone]

Does anyone know if it is possible to change the name of the Father on a Thai Birth Certificate?

Specifically, in a case where the real biological father was not named as the father on the original Certificate, another name was entered. The biological father now wants his name to be used.

The mother and the biological Father are not married.

Patrick

Edited January 13, 2009 by p_brownstone

[Mario2008]

Does anyone know if it is possible to change the name of the Father on a Thai Birth Certificate?

Specifically, in a case where the real biological father was not named as the father on the original Certificate, another name was entered. The biological father now wants his name to be used.

The mother and the biological Father are not married.

Patrick

Under Thai law I don't know. You best contact forum sponser IsaanLawyers or another lawfirm for that. But I think it will make a lot of difference if the child was/is legitimised by someone else already. For example if the mother was married the husband would automaticaly be the legal father.

If the mother was not married and nobody legitimised the child there would be a much easier case.

Again, contact a lawyer specilised in family law.

[DiscoCol]

It will have to approved by the ministry of foreign affairs before you are legally the father. Do a search, there as been several threads on this subject.

TH

Thank you for the reply... will do a search.

Since the child has no legal father it is possible for you to become the legal father. However, since you are not the biological father you will have to petition the court for this. A judge will normally see if it is in the interest of the child and makes his judgment based on that. This will take at least a few months.

Only when you are the biological father you can legitimize the child by going to the amphur with mother and child.

Where you want to settle?

Thank you for the information, we will be settling in the UK.

[torrenova]

Just how anyone can tell if the guy is not the biological father I do not know (without DNA of course) and if the guy has his name put on the Thai birth certificate, gets it translated and applies for a UK passport, I am not really sure how they would find out as they sure ain't going to ask for a DNA test.

Obviously there may be some colouration issue but some kids resemble one side far more than another.

I would counsel against it but I am not sure anyone would spot things being amiss.

[Mario2008]

Normaly they will go on the word of the mother (and child).

For the procedure see here: http://www.dopa.go.th/English/servi/myson.htm

Note that a mother can allow legitimisation, but deny the father costudy, even if the father gains court approval for legitimisation.

[torrenova]

Normaly they will go on the word of the mother (and child).

For the procedure see here: http://www.dopa.go.th/English/servi/myson.htm

Note that a mother can allow legitimisation, but deny the father costudy, even if the father gains court approval for legitimisation.

The mother has absolutely nothing at all to do with a child getting a British passport. I know, my daughter has one. Translated birth certificate and some of the father's stuff is all you need. Not even a mother's signature.

So, going on that, if she gets his name put on the BC and gets it translated, who would stop the issuance of a British passport ?

[Mario2008]

Normaly they will go on the word of the mother (and child).

For the procedure see here: http://www.dopa.go.th/English/servi/myson.htm

Note that a mother can allow legitimisation, but deny the father costudy, even if the father gains court approval for legitimisation.

The mother has absolutely nothing at all to do with a child getting a British passport. I know, my daughter has one. Translated birth certificate and some of the father's stuff is all you need. Not even a mother's signature.

So, going on that, if she gets his name put on the BC and gets it translated, who would stop the issuance of a British passport ?

I was talking about the Thai law.

For the issuance of a British passport I believe the mother would need the cooperation of the British father, by which the fahter would acknowledge he is the father. This would not be a legalisation under Thai law and the question remains if would be recognised by Thailand as a legitimisation.