Can My Baby Acquire A Thai Nationality?

[sesil]

hi! i am posting on this forum so as to gain some insights and help from those people who are knowledgeable enough to advise me on what's the best thing to do.. I am from the Philippines and I'm separated.. i'm an overseas contract worker in italy and have met a very loving thai partner from whom i have a daughter..

now, my partner is in Thailand because his contract with his employer here in Milan is finished. and he wanted me to go to thailand and probably if we can, stay there as a family...

my question is this... how is it possible for me to stay in Thailand with him? what type of visa can i apply? can my baby acquire a thai nationality considering that i am not married to his thai father? i am really desperate for answers.. i love the guy so much and i'm willing to do everything so as for our family to be together.. the annulment procedure of my first marriage is still ongoing and that is the very reason why i can't wed my partner right now.. and i'm looking forward to that day when we can be together as one.. if and when, my baby will be honored of a thai nationality, would it carry me as well being the mother? would i be allowed to stay in thailand?

i hope you guys understand.. thanks so much.. i'm eager to know what you guys will have to say about my case.. thanks and God Bless everyone!

[oan]

as a law student, if i'm not mistaken, i remember that the baby can get the thai nationality due to either 1. one of the parents being thai (nationality by blood) or 2. the baby being born in thailand (nationality by birth). so, if ur man is thai..., ur daughter can, of course, acquire thai nationality.

and u can definitely get thai nationality as well by a lawful marriage to a thai man... but not sure if u will get it automatically after marriage or not (lucky for u, because if u were a foreign man getting married to a thai woman, u would not get thai nationality... weird law, isn't it )

i'll try to find the answers for ur other questions and will post them here very soon.

Edited April 4, 2009 by oan

[Boo]

As the father is Thai the child will automatically get Thai nationality. Both parents need to sign & be present though to get the childs passport & birth certificate.

Both the foreign husbands & wives of Thai citizens can gain Thai citizenship. It is a long process though & involves some hoop jumping, tax receipts, language ability to name a couple so do a search in the thai visa section towards the top of the forum, there is a huge amount of information in there & several threads covering it.

[sesil]

as a law student, if i'm not mistaken, i remember that the baby can get the thai nationality due to either 1. one of the parents being thai (nationality by blood) or 2. the baby being born in thailand (nationality by birth). so, if ur man is thai..., ur daughter can, of course, acquire thai nationality.

and u can definitely get thai nationality as well by a lawful marriage to a thai man... but not sure if u will get it automatically after marriage or not (lucky for u, because if u were a foreign man getting married to a thai woman, u would not get thai nationality... weird law, isn't it )

i'll try to find the answers for ur other questions and will post them here very soon.

hi oan! how are you? thanks much for making time to answer my query.. you see , my daughter is illegitimate since I am not married to her father.. can she still acquire the thai nationality even if i'm not married to her father who apparently is a thai national? would there be any chance for me to stay in Thailand for humanitarian reasons since my baby is a daughter of a thai national? pls. help cos this is really making me nuts! you see, i don't wanna just test the waters.. i want that if and when i decided to go to thailand and stay with my man, i want to be equipped with the knowledge and prepared on the things that i'm supposed to do.. i don't wanna violate any law.. so as early as now, i wanna know how and what to do.. thanks! hopin' to hear from you again..

[sinewave]

the father needs to go the Thai embassy of the country you are in and register the birth.

[Mario2008]

Not sure on this one. I believe you are still married to another person, but live seperatly. Under the law of many countries this would mean that your child is considered the child of the person you are currently married with. Some countries allow the possibility that your curent husband denounce the baby, after which the biological father can legitimise the child.

As different law systems are involved I can only recommend that you seek advise from a good lawyer, like forum sponsor isaanlawyers. You find their banner on top of this page. Or a good lawyer in Italy.

When you marry the father of you child you can come to Thailand relatively easy, as the foreign wife of a Thai national. As parent, not married to the father, of a Thai national you would either need to have an income of 40,000 baht a month or 400,000 baht in a Thai bankaccount.

[donx]

Your daughter was born in Italy, right? Was the Thai father with you during the birth? Does his name appear on the Italian birth certificate of your daughter? Is/was your husband living in Italy at the time?

These are a few details that need to be understood before anyone can give you a good answer. You may have to prove through a DNA test that your Thai lover is really the father of your child. This may be difficult especially since he is currently living in Thailand. Then again, you could probably easily prove that your estranged husband is not the father with a DNA test. Then again he would have to be willing to coersed into such a test.

Give us some more of these details and we may be able to better advise you.