How To Gain Parental Rights As A Father When Not Married

[jonnyscot]

Currently the father doesn't seem to be the legal father and the mother has sole custody over the child. it can be cheked at the amphur, they keep a register about that.

For adoption this is however less important as he still has to give his concent to the adoption. The law provides however for the case he can not be found or his refusal is not reasonable. (In case of no contact it will soon not be reasonable I imagine).

For the adoption you will have to decide to do it as a Thai adoption or an international adoption. A Thai adoption is recognised by Thai law but probably not by your own country. An international adoption is more work, but in case you ever want to return to your home country the child will be recognised as yours there. The child might even get your nationality.

Edit: article about adoption: http://www.thaivisa.com/forum/redirect.php...and-regulations

Hi Mario thanks for the info on that, much appreciated

[bkkflyer]

I am a bit confused after reading this and the other thread.

My girlfriend is pregnant and ETD is in a couple of weeks. We are not married, and dont have any immediate plans to get married.

If I understand it right, it is now not possible for me to be "the legal father" without going through court.

Is that the right understanding?

[gregb]

I am a bit confused after reading this and the other thread.

My girlfriend is pregnant and ETD is in a couple of weeks. We are not married, and dont have any immediate plans to get married.

If I understand it right, it is now not possible for me to be "the legal father" without going through court.

Is that the right understanding?

Almost. It is not possible for you to be "the legal father" for the next 7 or so years without going to court.

The name listed twice thing on the birth certificate does not seem to stand up to scrutiny. Certainly it won't get you things like an extension of stay based on your child.  It will not get you the social security payment for the child. In fact, I have not found any circumstance in which name listed twice actually helps. For anything important, it makes no difference at all. So I think everyone universally agrees now this is bogus.

If you additionally rule out marriage, your only option is to go to court or wait until the child is old enough to agree you are his father at the ampur.

If you want your rights immediately and marriage is not a viable alternative then, yes, your only option is court.

[chris5346]

hello,

yes i'm finding that too - i have my names twice on the birth certificate and baby has my family name and my name as father in the kor ror 14 house book,

no real mention of the mother anywhere except the birth certificate - but i can't use any of this to be able to stay in thailand so i think i have to goto court now ?

what are these social security payments ? can i apply ?

any recomendation / info. about going to court etc ?

chris

[Mario2008]

hello,

yes i'm finding that too - i have my names twice on the birth certificate and baby has my family name and my name as father in the kor ror 14 house book,

no real mention of the mother anywhere except the birth certificate - but i can't use any of this to be able to stay in thailand so i think i have to goto court now ?

what are these social security payments ? can i apply ?

any recomendation / info. about going to court etc ?

chris

Being on the birth certificate is not a way of legalization of the child. Most likely you will have to go to court to be recognized as the legal father and be able to get extensions of stay as the father of a Thai national.

Legalization is also possible at the amphur, if the mother and child agree that you are the father. The problem is in the fact that the child also has to agree. The law doesn't state how old the child must be before he can make such statement. Most amphurs will accept the childs word if the child is at least 7 years, but there are reports that some will accept it as early as 3 years old. While some may accept the legalisation if you turn up with the mother to register the birth and at the same time ask to be recognized as the legal father.

[chris5346]

hi mario,

good to hear from you again,

baby only a few weeks so we'll have to either get married or get the petition ?

are the laws similar to uk when getting married ? what will it cost me if we later get divorced ?

do you know about these benefit payments ? maybe can get from the uk ? maybe my tax code etc will change now in uk but because i'm living here at the moment maybe i can't claim ?

also i have had a look about registerring baby in the uk for uk citizenship instead of doing it here and it costs £165.

are you upto date with how much it costs doing it here ?

i was hoping i could do it for free in uk in my home town but looks like i would have to goto london.

[Mario2008]

Marriage in Thailand costs nothing, at least not the legal wedding. You simply turn up at the amphur with your wife to be and register there. However, as a foreigner you need to get a letter from your embassy confirming that you are free to marry and some other details. The document you need to provide depends on the requirements of your embassy, check their website for which documents you will need to provide and how much they will charge you for it.

After you have the letter form the embassy you have to have it translated by an translation agency and next certified by the Thai foreign ministry. (Most translation agencies will offer to take care of that part for you). Once you have that you can get married at any amphur in Thailand.

About marriage in Thailand:

http://www.thailawonline.com/en/marriage-in-thailand/marriage-in-thailand-thai-law-fiance-foreigner-visa

About divorcing in Thailand:

http://www.thailawonline.com/en/divorce-in-thailand/divorce-in-thailand-divorcing-under-thai-law

If you get married and want extensions of stay from immigration based on your marriage you will need a copy of the entry into the marriage register from the amphur. This costs somewhere bewteen 10 and 50 baht.

I believe registration directly in the UK is cheaper than doing it at the embassy. Can't help you with the details about social security and child benefits etc.

[mussen]

My child was born on 17 September. I am not married. The hospital put my name on all the paperwork as the father. The baby's mother and I both went to the office where births are registered (not the Amphur) along with the papers that the hospital gave us. I was asked for a copy of my passport and the mother was asked for a copy of her ID card and tabien baan. A birth certificate was issued with my name (translated to Thai) as the father. We were both present.

Where do I stand with respect to the original issue raised in this thread?

Thanks in advance.

Look at the birth certificate: Your name should be on there twice:

- as the father

- as the person registering the birth

If the person listed as registering the birth is not the same as the father, you didn't legitimise the child.

Mario, if the Father is listed on the berth cert. twice (as Father as well as Person notifying the birth) does this mean the Father is legally the Father of the child? (Father and Mother not married).

[Mario2008]

My child was born on 17 September. I am not married. The hospital put my name on all the paperwork as the father. The baby's mother and I both went to the office where births are registered (not the Amphur) along with the papers that the hospital gave us. I was asked for a copy of my passport and the mother was asked for a copy of her ID card and tabien baan. A birth certificate was issued with my name (translated to Thai) as the father. We were both present.

Where do I stand with respect to the original issue raised in this thread?

Thanks in advance.

Look at the birth certificate: Your name should be on there twice:

- as the father

- as the person registering the birth

If the person listed as registering the birth is not the same as the father, you didn't legitimise the child.

Mario, if the Father is listed on the berth cert. twice (as Father as well as Person notifying the birth) does this mean the Father is legally the Father of the child? (Father and Mother not married).

NO!

That information was incorrect. There is a new topic here: http://www.thaivisa.com/forum/topic/381917-how-to-gain-parental-rights-as-a-father/